• Estate Planning Worksheet

    Please complete this worksheet to begin your estate plan. Select the "submit" button at the end of the form to send it to our office.

  • Section 1: Contact Information

  • Section 2: Estate Planning Objectives

    Please indicate your estate planning objectives. We use this checklist to ensure that we meet all of your goals.

  • Section 3: Children

    Please tell us about your children, if any.

  • Section 4: Assets

    Select each type of asset that you own.

  • PLEASE NOTE:  In 2024, the federal estate tax (FET) exemption is $13.61 million per individual ($27.22 million for married couples). Only estates of a deceased person which are larger than the FET exemption are subject to state and federal estate tax.

    The FET exemption is adjusted annually for inflation. However, the FET exemption is scheduled to be reduced by half in 2026 (to approximately $7 million per individual and $14 million per married couple), unless Congress extends the current amounts. Less than 1% of all estates are subject to FET. Therefore, we do not provide estate tax advice or services to avoid such taxes. We would be glad to refer you to another firm for these services. 

  • Estate Planning Roadmap

    Checklist to change ownership or beneficiaries of assets to implement your estate plan.
  •  

  • Document Preparation

  • Core Estate Plans

  • Basic Estate Plan for Blended Families

  • Instructions to create a Basic Estate Plan for Blended Families:

    1. Start with a Basic Estate Plan for Children (Plan 2).
    2. Save the joint data file as a new data file for each spouse who wants a separate trust for their own children.
    3. Start a new worksheet for each spouse.
    4. Complete sections 1, 3, 4, 5, 6, 7 of each spouse's worksheet.
    5. Update each spouse's data file with their worksheet information.
    6. Merge each data file to the single revocable trust template (TRUST RLT-1.FRM).
    7. Review and revise documents.

  • Living Trust Plan for Blended Families

  • Instructions to create a Living Trust Plan for Blended Families:

    1. Start with a Living Trust Plan (Plan 5) for the couple.
    2. Save the joint data file as a new data file for each spouse who wants a separate trust for their own children.
    3. Start a new worksheet for each spouse.
    4. Complete sections 1, 3, 4, 5, 6, 7 of each spouse's worksheet.
    5. Update each spouse's data file with their worksheet information.
    6. Merge each data file to the single revocable trust template (TRUST RLT-1.FRM).
    7. Review and revise documents.

  • Optional Trusts

  • Additional Documents

  • Family Revocable Trust

  • Retirement Accounts

  • Real Estate Deeds

  • Add up to three parcels of property to Core Estate Plans 4, 5, or 6. For more than 3 parcels, select deeds from the "Additional Documents" section. Deed Types: (1) LBD (Warranty) is the default form; (2) LBD (Quitclaim) is appropriate for land contracts, tenancies-in-common, or other partial property interests; and (3) Warranty Deed to Trust is used for direct transfers to trust. Do not use this section to transfer property to a Cottage Trust or Life Estate Trust. 

  • Section 5: Specific Gifts

    You may make specific gifts of cash, personal property, or real estate to one or more persons in the event of your death. If you are married, these gifts will take effect upon the death both spouses. All of the property that you do not list in this section will be distributed to the persons listed in the next section ("General Gifts").

  • Please describe the specific gifts of cash, personal property, or real estate in the box below.  We will discuss your instructions during our consultation. 

  • Specific Bequest Options

  • Cash Gifts

    Outright cash gifts.

  • Cash Gift1

  •  give  to            

  • Cash Gift2

  •  give  to            

  • Cash Gift3

  •  give  to            

  • Cash Gift4

  •  give  to            

  • Real Estate Gifts

    Outright gifts of real property.

  • Real Estate Gift

  •    give the real property located at                , and identified as parcel number   ,  to             

  • Option to Purchase Real Estate

    Option to purchase real estate from the Family Trust at a discounted price.

  • Instructions:  Complete all fields below. Copy text for "Option to Purchase" and add to pre-residuary distributions for trust estate. Edit text in trust document as needed.

  • Option to Purchase Granted by Joint Settlors. 

    We own real estate located at {fullAddress}, {countyOf} County, Michigan, which is identified with permanent parcel number {ppnOf} (hereinafter referred to as the “Property”).  If the Trust Estate owns the Property upon our death, then we grant to {grantee1first} an option to purchase the Property on the following terms and conditions:

    a. The Trustee shall retain the services of a qualified independent appraiser to determine the fair market value of the Property within 60 days of the date that we are both deceased. The Trustee shall pay for the appraisal from the Trust Estate.

    b. The Trustee shall deliver a copy of the appraisal to the Qualified Trust Beneficiaries of this Trust upon receipt. 

    c. {grantee1first} shall have an option to purchase the Property from the Trust Estate for a price that is {Percentage} less than its appraised fair market value. If {grantee1first} does not survive us, then this option shall lapse.

    d. {grantee1first} shall exercise the option to purchase the Property within 30 days of the date of receiving actual notice of its appraised value by delivering a written notice of intent to purchase the Property to the Trustee. Closing shall take place not more 60 days following the date that the Trustee receives actual notice from {grantee1first} of intent to purchase the Property. Time is of the essence, and therefore, if these deadlines for notice and closing are not met by {grantee1first}, then this option shall lapse.

    e. If {grantee1first} elects to purchase the Property as provided herein, then all closing costs to purchase the Property shall be paid by {grantee1first}, including transfer tax and title insurance.

    f. If {grantee1first} exercises the option as provided herein, then upon reasonable request, the Trustee may distribute a portion of {grantee1first}'s share of the Trust Estate to purchase of the Property, or to pay closing costs.

    g. [Include TPP with Option] The option granted to {grantee1first} shall include all furniture, furnishings, household goods, motor vehicles, and water craft customarily used with the Property. The personal property shall be included in the sale of the Property at no additional cost, and the value of personal property shall not be deducted from {grantee1first}'s share of the Trust Estate. However, if {grantee1first} does not purchase the Property, then the personal property located on the Property shall be distributed in the same manner as the Residuary Trust Estate.

    h. [Do Not Include TPP with Option] The option granted herein shall not include the furniture, furnishings, household goods, motor vehicles, and water craft customarily used with the Property. However, {grantee1first} may purchase such personal property from the Trust Estate at a value to be mutually agreed upon with the Trustee.

    i. [Second Option] In the event that the option granted to {grantee1first} lapses, then we grant an option to purchase the Property to {grantee2alternate} on the same terms and conditions granted to {grantee1first} herein. However, {grantee2alternate} must exercise this option within 30 days of receiving notice from the Trustee that {grantee1first}'s option has expired.  If {grantee2alternate} does not exercise this option in a timely manner, or if {grantee2alternate} does not survive us, then this option shall lapse.

    j. [Third Option] In the event that the option granted to {grantee2alternate} lapses, then we grant an option to purchase the Property to {grantee3second} on the same terms and conditions granted to {grantee1first} and {grantee2alternate} herein. However, {grantee3second} must exercise this option within 30 days of receiving notice from the Trustee that {grantee2alternate}'s option has expired.  If {grantee3second} does not exercise this option in a timely manner, or if {grantee3second} does not survive us, then this option shall lapse.

    k. If all options granted herein lapse, then Property shall be sold by the Trustee, and the proceeds of sale shall be added to the Residuary Trust Estate for distribution.

    k. [Deed Restriction]  We intend to retain the Property as a family [cottage, farm, etc.] for at least {howMany1178} following our death. Therefore, the purchase option granted herein shall be subject to the following restrictive covenant, which shall be prominently set forth in the deed of conveyance executed by the Trustee: “THE PROPERTY IDENTIFIED IN THIS DEED SHALL BE NOT BE SOLD OR TRANSFERRED BY THE GRANTEE FOR A PERIOD OF {howMany1178} FROM THE DATE OF EXECUTION.”

  • Option to Purchase Granted by Single Settlor. 

    I own real estate located at {fullAddress}, {countyOf} County, Michigan, which is identified with permanent parcel number {ppnOf} (hereinafter referred to as the “Property”).  If the Trust Estate owns the Property upon my death, then I grant to {grantee1first} an option to purchase the Property on the following terms and conditions:

    a. The Trustee shall retain the services of a qualified independent appraiser to determine the fair market value of the Property within 60 days of the date of my death. The Trustee shall pay for the appraisal from the Trust Estate.

    b. The Trustee shall deliver a copy of the appraisal to the Qualified Trust Beneficiaries of this Trust upon receipt. 

    c. {grantee1first} shall have an option to purchase the Property from the Trust Estate for a price that is {Percentage} less than its appraised fair market value. If {grantee1first} does not survive me, then this option shall lapse.

    d. {grantee1first} shall exercise the option to purchase the Property within 30 days of the date of receiving actual notice of its appraised value by delivering a written notice of intent to purchase the Property to the Trustee. Closing shall take place not more 60 days following the date that the Trustee receives actual notice from {grantee1first} of intent to purchase the Property. Time is of the essence, and therefore, if these deadlines for notice and closing are not met by {grantee1first}, then this option shall lapse.

    e. If {grantee1first} elects to purchase the Property as provided herein, then all closing costs to purchase the Property shall be paid by {grantee1first}, including transfer tax and title insurance.

    f. If {grantee1first} exercises the option as provided herein, then upon reasonable request, the Trustee may distribute a portion of {grantee1first}'s share of the Trust Estate to purchase of the Property, or to pay closing costs.

    g. [Include TPP with Option] The option granted to {grantee1first} shall include all furniture, furnishings, household goods, motor vehicles, and water craft customarily used with the Property. The personal property shall be included in the sale of the Property at no additional cost, and the value of personal property shall not be deducted from {grantee1first}'s share of the Trust Estate. However, if {grantee1first} does not purchase the Property, then the personal property located on the Property shall be distributed in the same manner as the Residuary Trust Estate.

    h. [Do Not Include TPP with Option] The option granted herein shall not include the furniture, furnishings, household goods, motor vehicles, and water craft customarily used with the Property. However, {grantee1first} may purchase such personal property from the Trust Estate at a value to be mutually agreed upon with the Trustee.

    i. [Second Option] In the event that the option granted to {grantee1first} lapses, then I grant an option to purchase the Property to {grantee2alternate} on the same terms and conditions granted to {grantee1first} herein. However, {grantee2alternate} must exercise this option within 30 days of receiving notice from the Trustee that {grantee1first}'s option has expired.  If {grantee2alternate} does not exercise this option in a timely manner, or if {grantee2alternate} does not survive me, then this option shall lapse.

    j. [Third Option] In the event that the option granted to {grantee2alternate} lapses, then I grant an option to purchase the Property to {grantee3second} on the same terms and conditions granted to {grantee1first} and {grantee2alternate} herein. However, {grantee3second} must exercise this option within 30 days of receiving notice from the Trustee that {grantee2alternate}'s option has expired.  If {grantee3second} does not exercise this option in a timely manner, or if {grantee3second} does not survive me, then this option shall lapse.

    k. If all options granted herein lapse, then Property shall be sold by the Trustee, and the proceeds of sale shall be added to the Residuary Trust Estate for distribution.

    k. [Deed Restriction]  I intend to retain the Property as a family [cottage, farm, etc.] for at least {howMany1178} years following my death. Therefore, the purchase option granted herein shall be subject to the following restrictive covenant, which shall be prominently set forth in the deed of conveyance executed by the Trustee: “THE PROPERTY IDENTIFIED IN THIS DEED SHALL BE NOT BE SOLD OR TRANSFERRED BY THE GRANTEE FOR A PERIOD OF {howMany1178} YEARS FROM THE DATE OF EXECUTION.”

  • Intangible Property Gifts

    Outright gifts of intangible property (stocks, bonds, closely-held business, or other financial assets).

  • Intangible Gift1

  •    give  of our right, title, and interest in    to            

  • Intangible Gift2

  •    give  of our right, title, and interest in    to            

  • Cash Gifts for Higher Education

    Cash gifts to be held in the Family Trust for higher education expenses until the last trust age.

  • Trust Gift1

  •    give  to          

  • Trust Gift2

  •    give  to          

  • Section 6: General Gifts

    Please identify the persons who will receive all of your remaining assets (other than the specific gifts above) in the event your death. If you are married, these gifts will take effect upon the death of both spouses. We will discuss this section in detail with you during our consultation.

  • Residuary Estate Distribution

  • First Beneficiaries

  • First Clause1

  •   {firstBene1}, ,  .   

  • First Clause2

  •  {firstBene2}, ,  .   

  • First Clause3

  •  {firstBene3}, ,  .   

  • First Clause4

  •  {firstBene4}, ,  .   

  • Second Beneficiaries (optional)

  • Second Clause1

  •  {secondBene1}, ,  .   

  • Second Clause2

  •  {secondBene2}, ,  .   

  • Second Clause3

  •  {secondBene3}, ,  .   

  • Second Clause4

  •  {secondBene4}, ,  .   

  • Third Beneficiaries (optional)

  • Third Clause1

  •  {thirdBene1}, ,  .   

  • Third Clause2

  •  {thirdBene2}, ,  .   

  • Third Clause3

  •  {thirdBene3}, ,  .   

  • Third Clause4

  •  {thirdBene4}, ,  .   

  • Survivorship Clauses

  • Distribution Age

  • Disinherited Persons

  • Other Instructions or Questions

  • Section 7: Appointment of Trustee

    A Trustee manages and distributes trust property for your beneficiaries (if a trust is part of your estate plan). Appoint at least one Trustee. This appointment should not include you or your spouse.

  • Trust Director

    A Trust Director is a person appointed to direct a trustee how to invest money held in a trust. A Trust Director is appropriate if a trustee will need guidance with investment decisions. Appoint a Trust Director and identify the trustees who are to be directed (the "Directed Trustees").

  • Section 8: Appointment of Executor

    An Executor (also referred to as a "personal representative") is nominated in a Last Will and Testament. The Executor handles probate administration of an estate. Appoint at least one Executor. A spouse is usually appointed first.

  • Executors for {name}

  • Executors for {spouseName}

  • Section 9: Appointment of Guardian

    A Guardian is responsible for the care of minor children if the natural parents are deceased or incapacitated. The Trustee and Guardian may be the same person. Appoint at least one Guardian if you have minor children.

  • Appointment of Temporary Guardian

  •  - -
    Pick a Date
  •  - -
    Pick a Date

  • Section 10: Appointment of Agent

    An Agent is appointed under a General Durable Power of Attorney to make financial decisions on your behalf if you are not able to do so. Appoint at least one Agent. A spouse is usually appointed first.

  • Agents for {name}

  • Agents for {spouseName}

  • Section 11: Appointment of Patient Advocate

    A Patient Advocate is appointed in a Health Care Directive to make medical decisions on your behalf if you become incapacitated. A Patient Advocate may also terminate life support if you are terminally ill. Appoint at least one Patient Advocate. A spouse is usually appointed first.

  • Patient Advocates for {name}

  • Patient Advocates for {spouseName}

  • Section 12: Funeral Instructions

    You may provide instructions regarding your funeral, interment or cremation.

  • Funeral Instructions for {name}

  • Funeral Instructions for {spouseName}

  • Section 13: Disclosure of Electronic Communications

    Michigan recently enacted the Fiduciary Access to Digital Assets Act. This statute prohibits your fiduciaries (i.e. an executor, agent or trustee appointed by you) from reading the content of your electronic communications (email, texts, posts, chats, etc.) without your consent. Please select an option below regarding the authority of a fiduciary to read your electronic communications.

  • Communications Disclosure for {name}

  • Communications Disclosure for {spouseName}

  • Additional Revocable Trusts

    Instructions to add a revocable trust to any estate plan.

  • Instructions to add a revocable trust to any estate plan:

    1. Create any estate plan for a person or couple.
    2. Start a new worksheet for the additional trust.
    3. Complete sections 1, 3, 4, 5, 6, 7 of the worksheet.
    4. Copy the data file created in step 1, and save as a new data file for each trust to be created.
    5. Enter the new worksheet information to the new data file for the additional trust.
    6. For a single settlor, merge the data file to "TRUST RLT-1.FRM" template.
    7. For joint settlors, merge the data file to "TRUST RLT-2.FRM" template.
    8. Review and revise documents.  

  • Special Needs Trust (SNT)

  • Add SNT as a First Beneficiary in Section 6: "I (we) give of the      to the Trustee of the {sntName}, to be held IN TRUST pursuant to the terms of said trust, or if {sntBene} does not survive (me/us), then this gift shall lapse."

  • The residuary beneficiaries and trustees will match Sections 5 and 6 of this worksheet. If changes are required, enter notes above to modify the Special Needs Trust.

  • Cottage Trust (COTT)

  • The age for distribution, residuary beneficiaries, and trustees will match Sections 5 and 6 of this worksheet. If changes are required, enter notes above to modify the Cottage Trust.

  • Life Estate Trust (LIFE)

  • The age for distribution, residuary beneficiaries, and trustees will match Sections 5 and 6 of this worksheet.  If changes are required, enter notes above to modify the Life Estate Trust.

  • Pet Trust (PET)

  • The trustee will be the same person designated in Section 6.  If changes are required, enter notes above to modify the Pet Trust.

  • Asset Protection Trust (APT)

  • The age for distribution and residuary beneficiaries will match Section 5 of this worksheet.  If changes are required, enter notes above to modify the Asset Protection Trust.

  • Medicaid Trusts

    A Medicaid Trusts are used to divest assets for Medicaid planning. There are two types of trusts: Medicaid Divestment Trust (MDT) and Medicaid Gift Trust (MGT). Each type should be reviewed with the client based on the checklist below.

  • Comparison of Medicaid Divestment Trust and Gift Trust.

      MA Divestment Trust MA Gift Trust
     Trust is irrevocable Yes  Yes
     Protects assets from client creditors Yes  Yes
     Protects assets from beneficiary's creditors Yes   Yes
     Client is the settlor Yes  No 
     Client is the trustee  Yes  No 
     Distributions can be made to client by trustee No  Yes
     Distributions to beneficiaries are countable for Medicaid Yes  No
     Beneficiaries can be changed by client No  No
     Funding trust results in completed gift No  Yes
     Gift tax return required upon funding  No  Yes
     Client gives up control of assets in trust No  Yes
     Trust assets subject to 5-year "look back"  Yes  Yes

  • Medicaid Divestment Trust (MAT)

    An MDT allows the settlor to divest assets for Medicaid eligibility and to maintain exclusive control of them. The settlor cannot be a beneficiary of the trust, and cannot receive any property from it. A transfer to an MDT is an "incomplete" gift because the beneficiaries will not receive any property until the settlor dies or makes a distribution to them. The beneficiaries of the trust cannot be changed. Distributions from the trust are countable assets for Medicaid eligibility, so distributions should not be made until the settlor qualifies for Medicaid or unless all other resources are exhausted. The look-back period is 5 years.

  • Medicaid Gift Trust (MGT)

    An MGT is created by a trusted third party (e.g. children of the client), not the client. The client gifts assets outright to the third party who then creates the MGT to hold the gifted assets. The client relinquishes complete control. However, the third party controls the assets and may distribute them to the client for his or her health, education, maintenance and support (HEMS). The client cannot be the trustee. A transfer to a third party is a completed gift and a gift tax return is required. The look-back period is 5 years. The advantage of an MGT over outright gifts is that the assets are protected from creditors and dissipation by the beneficiaries.

  • The age for distribution, residuary beneficiaries, and trustees will match Sections 5 and 6 of this worksheet.  If changes are required, enter notes above to modify the Medicaid Trust.

  • Marital Waiver

    A marital waiver is used to release all rights to the other spouse's estate upon death so that each spouse's estate plan will be honored by the surviving spouse and his or her family members.

  • Marital Property Agreement

    A marital agreement (before or after marriage) has 3 objectives: (1) identify separate property to be retained by each spouse upon divorce; (2) specify whether a surviving spouse may live in the marital home; and, (3) waive all rights to the other spouse's estate upon death. If a spouse may live the marital home upon death of the homeowner, then a LIFE ESTATE TRUST must be created by the homeowner to coordinate with this agreement.

  • Assignment of Business Entity (Company1)

    Add a "transfer-on-death business registration agreement" for a business owned by either client.

  • Assignment of Business Entity (Company2)

    Add a "transfer-on-death business registration agreement" for a business owned by either client.

  • Additional Deed1 (XD1)

    Use this section to add a deed. For example, to create a joint tenancy, or to defund an old trust. DO NOT use this form to fund an estate plan. To fund an estate plan, use "Real Estate Information" in Section 1.

  • XD1 Grantors

  • XD1 Grantees

  • XD1 Property Information

  • Additional Deed2 (XD2)

    Use this section to add a second deed. For example, to create a joint tenancy, or to defund an old trust. DO NOT use this form to fund an estate plan. To fund an estate plan, use "Real Estate Information" in Section 1.

  • XD2 Grantors

  • XD2 Grantees

  • XD2 Property Information

  • Drafting Notes

    Enter special instructions for drafting.

  • Document Signing Information

  • Notary Information

  • End of Worksheet

  • Instructions to Submit Worksheet

    Please follow these steps to submit the worksheet to our office.
    1. Confirm that you are ready to submit the worksheet by checking the box below.
    2. Print the completed form by selecting the Print Form button below.
    3. Submit the worksheet to our office by selecting the Submit Form button below.
    4. Schedule a consultation by using our online calendar.

    Thank you!

  •  

  • Copyright © 2022 by Estate Planning Law Group.

  • Should be Empty: