Estate Planning Considerations
The following are some issues to consider before
meeting with an estate planning attorney: Click here for a Printable Copy
TRUSTEE AND SUCCESSOR TRUSTEES OF YOUR FAMILY TRUST
Whom do you wish to name as trustee and successor trustees of your Family
Trust?
Your trustee will act when you (and your spouse if you are married) are both incapacitated
or have both passed away. This person will need to be able to inventory all trust assets,
obtain valuations of trust assets, pay all valid debts, and make distributions to beneficiaries
according to the trust document. The trustee will need to keep good financial records and
will need to devote time to making the necessary phone calls and completing paperwork to
carry out the trust duties. Please note that a trustee need not live locally to be effective, as
much as the trustee be organized and able to deal financial assets.
EXECUTOR AND ALTERNATE EXECUTORS OF YOUR WILL
Whom do you wish to name as executor and alternate executors of your Will?
An executor will not act until after you have passed away. If you have a Family Trust, a
executor will be involved only if an asset was not property titled in your Family Trust as of
the date of your passing. An executor will have similar functions to that of the trustee of
your Family Trust. (Most times it makes sense for the executor designations to be the same
as those for trustees.)
GUARDIAN AND ALTERNATE GUARDIANS FOR YOUR MINOR CHILDREN
If you have children under 18 years, whom do you wish to nominate as
primary guardian and alternate guardians of them in your Will?
Consideration should be given to those individuals who share your values and who will raise
your children in accordance with your wishes.
BENEFICIARIES OF YOUR ESTATE
To whom or what organizations do you wish to leave your property?
If you have children, the typical and "normal" disposition is to leave assets to children in
equal shares. If a child passes away before you do, then the property which would have
been distributed to the child will instead pass to the child's children (i.e., your
grandchildren). But if all of your lineal descendants pass away before you, you need to
decide whether you wish for assets to be distributed to heirs-at-law (see glossary for
definition) or to a selected charity or charities.
ASSETS AND LIABILITIES
What are your assets and liabilities?
You should compile a list of all of your assets (including retirement accounts and life
insurance) and liabilities and provide the most recent monthly statement for each bank
account, non-retirement brokerage/mutual fund account, and retirement account. Also,
you should provide the face page for each life insurance policy (containing custodian
information, policy number and face amount). Include any business assets, partnerships,
savings bonds, promissory notes, buy-sell agreements and divorce decrees (since they may
contain requirements regarding life insurance, etc.).

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Estate Information
Here is a useful chart of the estate tax rates, estate tax exemption
amounts and other gift and estate information
California has a Will for you if you don't make one yourself. Here is how
California has provided for your estate.
Do you think that you have a "simple" estate that will not be probated?
Read here to find out!
Everyone, regardless if they have a "simple" estate can benefit from
a trust. And a trust is a simple concept too.
Joint tenancy is a dangerous Will substitute. Here are some of the
hidden traps that will cost you money.
Did you know that the IRS cares about what you give? There's a gift tax
law and here is how to stay out of gift tax troubles!
Are you 70-1/2 years old and must take required minimum distributions
(RMDs) from your IRAs? Here is a quick guideline regarding calculating
your RMD.
If you have just lost a loved one and need some preliminary guidance on
what to you, you should read this (and then seek an attorney's help).
Do you want to make annual gifts for a young child's benefit and be able
to determine how such funds are distributed to a child? This is a brief
overview on how to do it.
Do you have highly appreciated property that you would like to cash out
but avoid the capital gains tax? Here's how to do it!
Life insurance is counted in calculating the value of your estate for estate
tax purposes. Here is how your life insurance can help your family, but
remain free from estate taxes.
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