The necessary documents for a comprehensive estate plan include:
- LIVING TRUST
A Living Trust
is a customized document to transfer your assets upon your death
to loved ones without court interference.
- HEALTH CARE POWER OF ATTORNEY
This power of attorney
allows an entrusted person to legally bind doctors and hospitals
as to medical decisions which may include termination of life
supports.
- FINANCIAL POWER OF ATTORNEY
By this document
you grant someone the legal authorization to manage and control
your assets by signing your name. This is only valid during
your lifetime.
- NOMINATION OF CONSERVATOR
This is the legal
guardian of a disabled adult. There are two types: the conservator
of the estate (this can be compared to the executor of an
estate for a person that is deceased) and the conservator
of the person (the personal guardian). The nomination avoids
family disputes because you have personally selected a person
you believe will do the best job. CAVEAT: When a Living
Trust is used, the conservatorship is eliminated, but a conservator
of the person may still be required, for example when someone
has Alzheimer's disease.
- SPECIAL LETTER OF INSTRUCTIONS
The Special Letter
of Instructions covers personal matters, perhaps the instructions
for your funeral, persons or institutions to be notified on
your death, locations of various documents and disbursement
of personal effects of sentimental value.
- "POUR-OVER" WILL
(used when a Living Trust is chosen)
This is needed
only with a Living Trust. It covers the "left-overs", such as
assets which were not transferred to your trust during your
lifetime. It transfers assets through the probate process into
the living trust.
- COMMUNITY PROPERTY AGREEMENT
(for married couples)
Executed by a husband
and wife, the primary purpose is to declare the nature of the
assets. When all assets are jointly owned, the agreement changes
the property to community property. If either spouse wishes
to have certain items remain as separate property, the Community
Property Agreement assists in the division.
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