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ESTATE PLANNING QUESTIONS

Will

  • Do you have a valid Will?

  • Do you know where your original Will is located?  Are there any codicils to the Will?

  • Do you know what assets are controlled by your Will?

  • Do you know who is named in your Will?

    • Guardian for your children?

    • Executor of your Will?

    • Trustee of any Trusts created in your Will?

  • Have you discussed your intent with the Executor?

 

Power of Attorney (“POA”)

  • Do you have a current POA?

  • Does the person named (“agent”) know they are named?

  • Is the POA immediate or does it come into effect at a later point – when you are incapacitated, for example.

  • Will your bank or investment custodian accept the POA if it needs to be used?

  • Who is the back-up agent in event that the person named cannot serve?

 

Health Care Power of Attorney (“HCPOA”)

  • Do you have you have a current HCPOA?

  • Does the person named (“agent”) know they are named?

  • Does the agent have the original, or at least have access to it when needed?

  • Who is the back-up agent in event that the person named cannot serve?

 

Living Will

  • Do you have a living will?

 

Beneficiary Designations

  • Have you named a beneficiary of your retirement accounts, pensions, life insurance policies, annuities, etc.?

  • Is there a contingent beneficiary named?

 

Trusts

  • Is the Trust revocable or irrevocable?

  • What assets are owned by the Trust?

  • Who are the income beneficiaries?

  • Who are the principal beneficiaries?

  • When does the trust terminate?

  • Who is the Trustee and who is the successor Trustee?