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.