When you have scheduled an appointment to come in and confer regarding the preparation of a will for you, or wills for you and your spouse, there is certain information that will be requested by the attorney.  Some of that information will be used for file purposes only, and will not go into your will, but it will be useful in assisting with the administration of your estate if the attorney is consulted by your family or executor after your death.

Background Information We Request

Your full name, birth date and place of birth

Any other names you use or have used in the past

If married, the date of your marriage, where you were married, and the name of your spouse

Former marriages you may have had, including names of former spouses, how the marriage ended,  e.g. death or divorce, and when the marriage ended.

Names and birth dates of your children

Names and locations of any living parents

Names and locations of your siblings

Name, address and phone number of your accountant

Information Relevant to Drafting Your Will and Determining What Assets it will Affect

Copies of deeds to real property, statements from brokerage accounts, and any other documentation showing how you hold title to your significant assets

We will discuss the concepts of separate property and community property in order to determine to what extent you have either or both.

If you have minor children, think about who you might want to have act as guardian, or guardians, in the event of the death of both parents.  Consider a backup guardian, or guardians, in case your first choice is unavailable or unable to act at the time of your death.

We will discuss the role of the executor named in your will, and who you will want to designate to fill that position.  You should also come up with at least one alternate, or successor in the event your first choice is unwilling or unable to serve.

Consider any specific gifts of real property or personal property you may wish to leave to one or more named persons.  These may include jewelry, collections, antiques, art, family heirlooms, boats, motor vehicles, etc.  Consider an alternate disposition of the person you have named, predeceases you.  Consider whether you want to leave any specific sums of money to any named persons, colleges, churches or charities.

Consider how you want to leave the residue of your estate (everything left after the specific gifts mentioned in the preceding paragraph).  We will discuss the various alternate ways in which the residue of your estate can be disposed of if one of the people you have named dies before you do.

There are various other matters we will discuss at your will conference, but if you have given some thought to the items mentioned above, and have available the requested information, the conference will be more productive.

PREPARING FOR YOUR FIRST OFFICE TRUST CONFERENCE

          As background information, you will be asked for certain statistical information that is relevant to the preparation of your trust and that will also be helpful with respect to future trust administration in the event that you die or become incapacitated.  You should provide your full name and any former or other names you have used in the past, and your date and place of birth.  If married, we will need your date and place of marriage, and full name of your spouse.  We will also need the names of all former spouses, and dates of dissolution of any former marriage or death of any former spouse.  Please provide names and birth dates of all of your children, as well as names and locations of any living parents and siblings.  It is also helpful to have the name, address and phone number of your accountant, if you have one.

             If you are married but own separate property (as opposed to community property), such as property received by gift or inheritance, or property you owned before you were married, we need to know that.

It is helpful if you can bring in copies of any deeds by which you took title to the real estate you own, so that we can determine exactly how title is presently held, and so that we will have the legal descriptions of such properties.  Don=t worry, however, if you can=t locate the deeds, since we can order copies from a title company.  It is also helpful if you can bring in a copy of your most recent statements relating to stock brokerage accounts, savings accounts, including c.d.=s, etc., so that we can confirm how title is held to those accounts, as well.

 

You need to think about who should act as trustee, or co-trustees, of your trust.  Usually the client is the initial trustee, but you will need to select one or more successor trustees to act in the event of your incapacity or death.  We will discuss this further, including alternatives,  when you come in.  If you have minor children, we will discuss who you may want to designate as their guardian in the event of the death of you, or you and your spouse, if you are married.  We will also discuss the age, or ages, at which the trust will distribute to your children following your death.  We will also discuss any specific gifts or real estate or tangible personal property you may wish to make upon your death, to any other persons.

            Don't be concerned if any of these concepts seem confusing or if you don't have all of this information at the time of your first visit.  Part of the purpose of that visit is to explain the concepts and issues we will be working with and to explore what is right for you in your customized plan.  You can always fax, e-mail or phone in additional information or schedule a second appointment to provide other needed information or documents.