Will and Estate Questionnaire

en will take their deceased parents’ share under a will.

 

720-B West Hargett Street

Raleigh, NC 27603

919-832-1822

(fax) 919-832-1829

rick@goodmanlawpa.com

WILL/ESTATE PLANNING QUESTIONNAIRE

Completing this Questionnaire will help you organize the information you need at your fingertips to plan your estate and prepare your will. It will save us time and assure that we do not overlook some important item. Please complete as much as you can and email it to me at the above email address.  Also, please bring it with you to your Estate Planning Conference.

BASIC PERSONAL DATA

Name: __________________________________________________________

Address:                                                                                     Email: ____________________________________

Home #:                                                    Work #:                                                   Cell #:                                     ___

Date of Birth:                                                              Place of Birth:                                                                            

Spouse’s Name:

Address:                                                                                     Email:

Home #:                                                    Work #:                                                   Cell #:                                            

Date of Birth:                                                              Place of Birth:                                                                            

Children   Note: If any children listed are adopted, are stepchildren of one of you or are disabled or otherwise in need of special attention please indicate in the space following the child’s name below.

Child’s Name: _____________________________________________________________

Address:                                                                                                                                                      

Date of Birth:                                   Phone #’s:                                                                                        

Occupation:  ____________________________________________________________

Child’s Name/Age/Sex:                                                                                                        __

Child’s Name/Age/Sex:                                                                                                           __

Child’s Name/Age/Sex:                                                                                                               __

Child’s Name/Age/Sex:                                                                                                                __     

Child’s  Name:

Address:

Date of Birth:                                   Phone #’s:                                                                        _

Occupation:                                                                                                                                                

Child’s Name/Age/Sex:                                                                                                                    _____

Child’s Name/Age/Sex:                                                                                                                     ____

Child’s Name/Age/Sex:                                                                                                                  ____

Child’s Name/Age/Sex:                                                                                                                    ____ 

Child’s Name:

Address:

Date of Birth:                                   Phone #’s:                                                                                     __

Occupation:                                                                                                                                                

Child’s Name/Age/Sex:                                                                                                                     _____

Child’s Name/Age/Sex:                                                                                                             _____

Child’s Name/Age/Sex:                                                                                                                _____

Child’s Name/Age/Sex:                                                                                                            _____

Note:  Add a separate sheet if needed for additional children. Are there any family members that are now or might be dependent on you for care or support, might leave you a substantial bequest, or whom you wish to name as a beneficiary in your Will.  If so, please list those details.

DISPOSITION AND SPECIAL CONCERNS

Note: Please use a separate of paper to provide the information requested in 1, 2 and 5 below.

I.     Please state briefly how you want to dispose of your estate: the names of the beneficiaries and the amounts or percentage of your estate and the names of any alternate beneficiaries who will take in the event that your primary beneficiary dies before you.

2.    Do you have any specific items or sum of money you wish to leave to specific persons? If so, describe the items and give the name of the person and any alternate beneficiary.

3.    If you have young children, you should name guardian(s) and alternate guardian(s) to care for your minor children if you are not survived by your spouse. Please talk to the prospective guardians  to make sure they are willing to serve.   Being a guardian is a big job, as the guardian takes over all the duties of a parent.  Also, if you have young children, you should name a Trustee to handle their financial affairs should the children outlive both parents. The Trustee can be the same or a different person from the Guardian.

Guardian:                                                                                                                                             

Address:                                                                                                                                               

Alternate Guardian:                                                                                                                           

Address:                                                                                                                                               

Trustee:                                                                                                                                                

Address:                                                                                                                                               

Alternate Trustee:                                                                                                                              

Address:                                                                                                                                               

4.   You should also name an Executor to settle your estate, usually your spouse, and then another as an alternate.

Executor:                                                                                                                                                                           

Alternate Executor:                                                                                                                                                         

  1. Do you have other special concerns or questions?  If so, please write them down so that we will be sure to discuss them.

 

ASSETS AND DEBTS

 

We should review your assets and debts to make sure that everything is structured in the best way to accomplish your goals, and to determine whether there are possible tax consequences to be avoided, identify types of properties that need special treatment to transfer ownership, or discuss any items that you wish to bequeath to a particular person. Please list on a separate sheet any of the following which you own.

Bank Accounts

List each account, the average or approximate balance, and the exact manner in which the account is titled (in your name alone or jointly with another).

Stocks and Bonds

For each group of stocks and bonds, estimate the fair market value and note the exact way in which the security is registered (your name alone or jointly  with another).

 Real Estate

Identify each parcel of real estate you own, including your residence, list its fair market value, the amount of any mortgage, and the exact names of the owners of the property.

Life Insurance

List the face amount of each life insurance policy you own, the beneficiary, and the amount of any loan on the policy.

Business Interests

List any interest you may own in a business and estimate its fair market value.

Vehicles and Other Valuable Personal Property

List each vehicle, the fair market value, and indebtedness.  Also list any boats, coin collections, guns, family heirlooms, or any other items of valuable personal property and give your opinion as to value.

 Estates, Trusts, etc.

Are you the beneficiary of an estate or trust, or do you have a right under a trust to require the payment of any money to yourself or anyone else?  Give details.

 Miscellaneous

(a)    Retirement Plan;   if you are a member of a pension or profit-sharing plan, describe the benefits you or your survivors will receive.

(b)    Safe Deposit Box; if you have one, is it jointly held?

(c)    Your Present Will; Please bring it with vou.

(d)     Other Assets – Did I miss something?   List anything else of value you have and the approximate value.

 

ESTATE DOCUMENTS YOU MAY WANT TO KNOW MORE ABOUT

 WILL

A will distributes property you own when you die. It cannot control property subject to a right of survivorship or that does not terminate at your death. A will should be drafted in general terms to control whatever assets you own at your death and to cover whatever beneficiaries are living at your death, so you do not have to revise it frequently. We do witnessed, self-proving wills that can be presented for probate without the testimony of family, friends and witnesses.

LIVING TRUST

A living trust has a settlor (you), one or more trustees who manage the assets in the trust according to the terms you set out, and one or more beneficiaries who receive the assets in the trust according to the terms you set out. It is in effect during your life as well as after your death. A living trust is used to manage assets for your benefit if you are disabled, or for the benefit of your dependents (such as children) if you are not available to handle these affairs yourself. Assets in a trust are not subject to your will and do not go through probate at your death.

GENERAL, DURABLE POWER OF ATTORNEY FOR BUSINESS

Everyone should have a power of attorney that appoints a trusted person as their attorney-in­ fact to handle business for them whenever they cannot manage themselves. When you execute a general, durable power of attorney, you authorize your attorney-in-fact to carry on any business matter which you yourself could do, if you are unable to handle the business yourself for any reason.

 HEALTH CARE POWER OF ATTORNEY

You may appoint someone to make health care decisions if you are ever unable to decide for yourself. By executing a health care power of attorney, you appoint an agent, and one or more alternates, who are authorized to consent to or refuse any health care that may be considered for you. You may indicate your general wishes for health care and may make this power limited or broad.

LIVING WILL

A living will allows you to indicate to your family and health care providers that if you are terminally and incurably ill or in a permanent vegetative state you do not wish extraordinary life support measures or artificial hydration and nutrition (tube feeding). This may be in addition to or instead of a health care power of attorney. A Living Will expresses a decision; a Health Care Power of Attorney delegates decision making to someone who understands your wishes.

 

 SOME DEFINITIONS OF TECHNICAL TERMS

 

(a)     Bequest, bequeath – A bequest is a gift by will of money or personal property (excluding land). To bequeath means to make such a gift.

 

(b)    Codicil – A codicil is an amendment to a will which changes the will in some manner.

It is a separate document and must be executed with the same formalities as a will.

 

(c)     Devise, devisee – A devise is a gift by will of land. A devisee is the person to whom land is given by a will.

 

(d)     Descendants – means lawful blood and adopted descendants, whether children, grandchildren, great grandchildren, etc. We can define it to specifically include or exclude step­ children, etc.

 

(e)     Legacy – This term is frequently used as a synonym for bequest, but technically means a gift by will of money only.

 

(f)      Lapsed legacy or devise – When a beneficiary under a will dies before the person making the will, the gift lapses, which means that it does not pass to the deceased person or his estate. There is an exception:  if the surviving descendants of the beneficiary would have been heirs of the person making the will, they will step in and take the bequest.

 

(g)     Per stirpes – This is a Latin term which when used in a will means that if a beneficiary of a will dies before the testator leaving surviving children, those childr

(h)     Residuary estate – The residuary estate is that portion of your total estate covered by a residuary clause in your will. The residuary clause of your will disposes of all of your property not disposed of earlier in your will. In other words, after you have made specific gifts, a residuary clause normally provides that you leave “all the residue” of your estate to one or more beneficiaries.

(i)      Testator/Testatrix – The term for the man or woman who is making a will.

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