• Estate Planning Questionnaire

    Estate Planning Questionnaire

  • These questions are designed to elicit the information necessary to draft your revocable living trust. If there is any question you don't understand or aren't sure how to answer, feel free to give us a call at 725-245-1945.

    Please read every field before you begin. Most questions about the form are answered in the instructions.

    If you are married, your spouse will get a separate questionnaire. We will provide instructions and a link to that one once you have filled out this one.

    Please use proper capitalization! (e.g., don't fill this out in all caps, and capitalize proper nouns like your name!)

    If there is additional information or explanation you want to provide to expound on one of your answers, there is a place at the end of the form for you to provide that information.

  • Biographical Information

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  • Powers of Attorney

  • The trust will name someone to make decisions on your behalf should you become unable to do so. This includes the General Power of Attorney, which is the ability to make business and financial decisions on your behalf (e.g., run your business, make sales or purchases on your behalf) and the Healthcare Power of Attorney, which is the ability to make medical decisions on your behalf (e.g., whether to have a surgery or use experimental medication or treatments on you).

    If married, typically (but not necessarily) your spouse will be your primary power of attorney, with an adult child, relative, friend, or corporate trustee as alternate. It should be someone you trust.

  • General Power of Attorney

    The general power of attorney is someone you appoint to make business and financial decisions on your behalf (.e.g run your business or make sales or purchases on your behalf) if you become unable to do so. If married, typically (but not necessarily) your spouse will be your primary power of attorney, with an adult child, relative, friend, or corporate trustee as an alternate. It should be someone you trust.
  • Healthcare Power of Attorney

    The healthcare power of attorney is someone you appoint to make medical decisions on your behalf (e.g., whether to perform a surgery or use experimental treatments on you) if you become unable to do so. If married, typically (but not necessarily) your spouse will be your primary power of attorney, with an adult child, relative, friend, or corporate trustee as an alternate. It should be someone you trust. It can be the same person as your general power of attorney.
  • Alternate Powers of Attorney

    In the event your first choice cannot (or will not) act as your power of attorney, your trust will designate an alternate. This should be someone you trust.
  • Alternate General Power of Attorney

  • Alternate Healthcare Power of Attorney

  • Organ Donation and Burial Instructions

  • Life-Saving Measures

  • Guardianship over You

    If you become physically or mentally incapacitated such that a guardian needs to be appointed over you, you can elect whom you would like to be appointed.
  • Select a successor guardian in case your first choice for guardian is not available or willing to be appointed guardian over you.
  • Guardianship over Children

    If you have minor children, or children with special needs, you will want to appoint someone to take care of and raise your children in the event of your death. If you are married, your spouse will be the first guardian appointed (unless you have a child of a previous union, in which case the other biological parent will have priority unless his or her parental rights have been terminated).We must also appoint an alternate guardian in case the selected guardian predeceases you.
  • Family Information

  • Transfer of Property Into the Trust

  • There are three types of property that need to be addressed in your trust: paper and intangible assets, tangible assets, and real property. You will want to list all the major property you own to transfer it into the trust. Don't worry if you don't remember everything. The will has a pour-over provision that transfers all unnamed (or future-acquired) property into the trust.

    If you are married, you should list not only your property, but your spouse's property, too.

  • Paper and Intangible Assets

  • Here you will want to list all your paper assets like stocks, bonds, money market accounts, cash, business entities, etc. Also include intangible assets like patents and trademarks. Describe the property in a way that there will be no question as to what you are describing. If there is an account, make sure you include the name of the institution and at least the last four digits of the account number. Include information about the digital wallet if you want to include cryptocurrency.

    If you have more than 10, there is a spot in the trust where you can write in more.

    DO NOT INCLUDE financial vehicles that already have beneficiaries listed within them, like life insurance or an IRA or 401k.

    if you have purchased a Series LLC with us, list it here. If you don't know the name of it yet, put "Series LLC name TBA," and we will put the name in when we know it.

  • Tangible Assets

  • Tangible assets are those "things" you own. Vehicles, collectibles, weapons, etc. Pets are also considered tangible property. If you have family pets, list them here. You can list them specifically or generally. List up to ten tangible items you wish to transfer into the trust. If there are more than ten, you can write them into the trust before you sign.

  • Real Property

  • Here you will want to list any real estate you want to put in the trust. You'll want to identify the real estate with enough specificity that it can be readily identified. At a minimum, include the full address or county, state, and parcel number.

    For each piece of real estate, you need to indicate how the property is owned/titled.

    You will want to include properties even if you have a mortgage on them. What matters is how it is titled, not how much equity you have.

    Putting real property in the trust is not an asset-protection strategy. They won't be protected here. They'll just pass smoothly to your heirs when you die without court involvement.

    Generally you will want to put your personal residence in your trust.

    For investment properties, it is usually a better strategy to own those in an entity (like a Series LLC) and then put the Series LLC in the trust under personal property. Then you have a combination of asset protection and estate protection.

    If you purchased a Series LLC and are planning on using it for real estate investments, then do not list your investment properties here.

  • Transfer of Property at Death

  • You have an opportunity to determine now how your property will be distributed at death. You can make specific bequests and then leave shares of the rest of your estate to your beneficiaries. you can also choose how the shares will be distributed. If you'd like, you can make specific provisions for your pets (leave the family cat to a specific person along with a sum of money for the care of the pet).

    For example, you may choose to leave everything to your spouse, but if your spouse predeceases you, then you leave your wedding ring to your daughter, your baseball card collection to your son, $50,000 to a charitable organization of your choice, and then have the remainder of your estate distributed evenly between your two children. You can also choose to have the estate be distributed all at once to your children, or at a certain age, or a little at a time.

    Many of our clients do not want to give the entire amount in a lump sum for fear that young, immature children will misuse the funds. One of the most popular options is to give 25% at age 18 (which is around when they finish high school and are starting college), 25% at age 22 (when they finish college and are heading into graduate school), 25% at age 25 (around the time they finish grad school), and the remaining 25% at age 30 (at this age they should be mature enough to have all the money, and now that they've had a few years with a graduate degree, maybe they're looking to start a business and need capital).

    You will also want to make a choice about distribution if none of your beneficiaries live longer than you or if you all pass away at the same time (ultimate distribution).

    If you are married, include your spouse's bequests, too.

  • Plan for Distribution

    If one of your beneficiaries dies before you do, and they have children, you can choose to either have that share split among the grandchildren (which does not affect your surviving children), or you can choose to have it split among the remaining children (increasing the share for each of your surviving children).
  • Ultimate Distribution

    If all of your beneficiaries die before you do, who should get the proceeds of your estate? This is typically a business or charity—something that is very likely to outlive you.
  • Trust Administration

  • Administration of Your Trust

    The trust administrator/executor is someone who has to find all the property in the trust after your passing (and if married, after your spouse's passing). The administrator has to get a valuation of the property, file the trust's tax return, oversee investments of the trusts, find and keep beneficiaries informed, and terminating the trust once its purposes have been fulfilled. The administrator is entitled to compensation for these services.

    You should select an administrator in your state. It should be someone you trust. You will also have to decide how much the administrator will get paid (he or she is paid out of the estate assets).

    If you want to appoint an administrator out of state, take a look at this list. If your state is included, there are special rules regarding appointing out-of-state administrators: Rules for Out of State Administrators. If your state is not on this list, then you can appoint an out-of-state administrator without any additional steps.

    You will want to select someone likely to outlive you. However, if you select someone who is not available or is unwilling to act as trust, your trustee has the authority to select someone new.

     

  • Compensation for the Trust Administrator

    We recommend selecting something in line with the typical payments in your state. If you are significantly below, your administrator may choose not to administer your estate, and it could be difficult to find a professional administrator as a replacement. Most states allow any "reasonable" fee. Others have maximum fees they will allow an administrator to charge. Take a look at this article to get an idea of where your state stands. If they aren't on the list, then they will allow any "reasonable" fee.

    The range of fees differs broadly depending on the complexity of the trust, value of the estate, and whether the trustee is a professional trustee company, a lawyer, or a trusted family member or friend.

    For a professional trustee company, you're probably looking at .5% to 2% of the gross estate annually to administer the trust. If the estate isn't big enough, though, they're not going to do it at these price points.

    For a lawyer, you're probably going to need to spend between $125 and $250 hourly for those service.

    For a close friend or family member, $25–$50 hourly is probably reasonable. Often these kinds of administrators will have a right to compensation but choose not to bill the trust.

    As a general rule, the larger and more complex the estate, the more you'll want to get a professional involved, and the more your estate will have to pay. And just like anything else in this trust, you can always change your mind and amend the trust later as circumstances change.

  • Successor Trustees

    Your successor trustee is the person who makes sure the trust's directions are followed once the primary trustees (you, and if you're married, your spouse) either pass away or are unable to fulfill their duties as trustees.

    The second successor trustee is your backup plan in case the successor trustee pre-deceases you or is unable or declines to perform the duties of a trustee. The successor trustee is also going to be the executor of your will.

    It is important that you fill this out completely so the trustees can be identified and contacted. The successor trustees can be individuals or business entities.

    IMPORTANT: THE SUCCESSOR TRUSTEES MUST BE AT LEAST 18 YEARS OF AGE AND SHOULD RESIDE IN THE SAME STATE AS YOU—IF YOU SELECT SOMEONE IN A DIFFERENT STATE, A LOCAL AGENT OR COEXECUTOR OR A BOND MAY BE REQUIRED

    ALSO IMPORTANT: Do not select the first option "The same as my general power of attorney (who is not my spouse)" if you designated your spouse as your primary general power of attorney above. You must select "Someone else" and fill in the relevant fields.

  • Before you submit this form, please review everything carefully for accuracy. If you have misspelled a name here, it will likely be misspelled in your trust (we hope to catch the obvious errors, but we don't always know the correct spellings of proper nouns).

  • Should be Empty: