Estate Planning Information Sheet 6
by
WILL DRAFTING and ESTATE PLANNING CONSIDERATIONS:
Your estate planning process requires careful consideration and
discussions with us as your attorney and possibly other advisors. In
completing this information, your instructions should take into account the
eventuality of something happening to you (possible incapacity and your
ultimate passing), and something happening to you and your
spouse, if applicable. If a person's name is requested, please provide
that person's full name, address, and relationship to you. Also, if it is
your wish that two or more persons act together in a fiduciary
capacity, please be sure to note that fact by writing their names connected
with an “and”; or, alternatively, if they may take independent action, connect
their names with an “or”. If you are not able to answer a
particular question at this time, or if you are not sure how to respond, simple
indicate that fact and we can discuss that particular matter further at our
next meeting. Questions and issues that you and your spouse, if any, will
need to consider include such items as listed below:
A. Power of Attorney: In the event of your and/or your spouse’s incapacity, who
do you wish to make legal and business decisions for:
Yourself:
Spouse, first, if applicable; then,
____________________________________________
Relationship: My ___________________________________________________
Their Address:______________________________________________________
If that contingent Agent is not able or available to serve, then ______________________________
Alternate’s Relationship:
My ___________________________________________
Alternate’s Address:___________________________________________________
Your Spouse: You first, if applicable; then, ____________________________________________
Relationship: My Spouse’s ______________________________________________
Their Address:______________________________________________________
If that contingent Agent is not able or available to serve, then ______________________________
Alternate’s Relationship: My Spouse’s ____________________________________
Alternate’s
Address:___________________________________________________
B. Healthcare Power of Attorney: In the event of your and/or your spouse’s incapacity, who do you wish to make medical decisions for:
Yourself: Spouse, first, if applicable; then, ____________________________________________
Relationship: My ___________________________________________________
Their Address:______________________________________________________
If that contingent Agent is not able or available to serve, then ______________________________
Alternate’s Relationship:
My ___________________________________________
Alternate’s Address:____________________________________________________
Your Spouse: You first, if applicable; then, ____________________________________________
Relationship: My Spouse’s ______________________________________________
Their Address:______________________________________________________
If that contingent Agent is not able or available to serve, then
______________________________
Alternate’s Relationship:
My Spouse’s ____________________________________
Alternate’s Address:____________________________________________________
What are your wishes and instructions in the event you severely
injured in an automobile accident or fall, which leaves you totally
paralyzed: a couple of local physicians expressed their wishes in
such a case as follows:
If I have a head, neck or other injury or illness that leaves me
ventilator-dependent and it is believed to be a permanent condition, I want the ventilator turned off when
it is deemed my condition is not going to improve. I do not want to be
sustained on a ventilator for more than six (6) months unless I show
significant neurologic improvements. I do not wish to be sustained on a
ventilator if I am deemed to be a permanent quadriplegic. Do not prolong
(other than mentioned herein) the dying process or maintain me in a vegetative
state.
Do
you agree with the above instructions (select one)? ________
Yes __________
No
Do
you wish to be an organ donor?
________
Yes __________ No
If yes, then we suggest the following language:
Also, if I have otherwise indicated my wishes to be an organ
donor, such as on my driver’s license, then I would like to donate my body
organs, medical tissue, or blood that can be used; however, I do not want to be
a cadaver. My proxy(s) can authorize such donation(s) and even an
autopsy, if deemed helpful or advisable.
_______ Yes ________ No
C. Executor or Personal Representative:
This is the person or corporate entity that will be responsible for the
administration of your estate. The responsibilities of the executor
include the identification and collection (“shepherding”) of your assets, the
payment of your debts and expenses, the filing any required estate or income
tax returns, and generally making sure that the terms of your Will are
followed. You may wish to name more than one person to serve as
your executor, such as all your children, if any, to serve in such capacity as
co-executors upon the death of both you and your spouse, if any. In
the spaces provided below, please indicate the person or corporate entity you
would like to serve as your executor (in
the order you would like them to serve) and
if more than one person is to act jointly, then please list them on the same
line connected by an “and”.
Some clients wish to also name their bank trust department as an ultimate
executor or trustee of “last resort” particularly if there is not another
family member or trusted friend whom you would prefer to name in the event the
children are minors and you and your spouse were to be killed in a common
accident. This will ensure that your testamentary intentions are
fulfilled in the event all your named individual Executors and Trustees predecease you, or were
to pass away prior to the scheduled termination of any trust implemented
through your Will for minor children or for other reasons. Also, most of our estate planning clients wish
to name their spouse as first Executor or Executrix, with the children named as
successor co-executors once they have reached the age of say, for example, 25
years in the event both parents (you and your spouse) have predeceased.
Full Name
Relationship Address
Current Age
1. ____________________________________________________________________________________
2. ___________________________________________________________________________________
3.
____________________________________________________________________________________
Bank:_________________________________
Address:________________________________________
Name of Bank Contact or Representative With Whom You Regularly
Deal:___________________________
Please provide the name of the individual Bank contact or
representative with whom you regularly deal at your bank.
