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ESTATE AND TRUST LAW, PROFESSIONAL LAW CORPORATION


220 SOUTH BROADWAY, ESCONDIDO, CALIFORNIA 92025TELEPHONE: (760) 745-7576/FACSIMILE: (760) 745-8327
By Appointment Only: 701 PALOMAR AIRPORT ROAD, SUITE 300, CARLSBAD, CALIFORNIA 92008

Jacqueline Skay, LLM: Taxation
Specialist: Estate Planning, Trust, and Probate Law

Ione Rummery, LLM's:
Comparative Law and Commericial Law

ESTATE PLANNING CHECKLIST - PAGE 4
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Personal Estate Planning Objectives

1. How would you dispose of your estate at your death if there were no such thing as estate or inheritance taxes?

2. In the event of your death, would your spouse or children be likely to receive income from sources other than your estate, such as the continuance or resumption by your spouse of his or her vocation or profession?

3. Describe any personal objectives you have for your family and your estate that override possible adverse tax consequences arising from trying to achieve them.

4. Are you making a specific gift of your principal residence or any other real estate? Yes: No:
If yes, to whom?

6. Are you making a specific cash gift to an individual? Yes: No:
If yes, to whom? How much:
If this person predeceases you, do you want the gift to be paid to another beneficiary or to lapse and revert to your overall estate? No:
To whom: How much:

If this person predeceases you, do you want the gift to be paid to another beneficiary or to lapse and revert to your overall estate?

1. To charities? Yes: No:
If yes, to whom? How much:
If this charity is no longer in existence on the date of your death, do you want the gift to be paid to another beneficiary or to lapse and revert to your overall estate?

2. To charities? Yes: No:
If yes, to whom? How much:
If this charity is no longer in existence on the date of your death, do you want the gift to be paid to another beneficiary or to lapse and revert to your overall estate?

Guardians and Executors

1. Guardians for minor children. If you have minor children, you may designate in your will a guardian or guardians of the children and their estate in the event of your death and/or your spouse's. We recommend you designate a different person for Guardian of the child(ren) than for Guardian of the child(ren)'s Estate. If you are thinking of naming a married couple, designate the person you would choose if the couple got divorced.

(a) Guardian of the Child(ren)
First choice name:
Address: Phone:

Substitute Guardian of the Child(ren)
Name:
Address: Phone:

(b) First Choice Guardian of the Child(ren)'s Estate
Name(s):
Address: Phone:

Substitute Guardian of the Estate
Name(s):
Address: Phone:

2. Executor. Your executor has the responsibility to wind up your affairs at your death, see to it that your assets are collected, that claims, expenses, and estate and inheritance taxes are paid, and then distribute your property to trustees or others you have named. It is a task of limited duration, substantial responsibility, and much work.

(a) Principal Executor
Name(s):
Address: Phone:

(b)Substitute Executor
Name(s):
Address: Phone:

Trustees

Your trustees have the responsibility for the long-range management of property that is to be held in trust for the benefit of the beneficiaries of trusts you may create. Depending on the terms of the trust, there may be adverse tax consequences if a trustee has an interest or possible interest in the trust, although usually if the trustee's discretion is limited those adverse tax consequences are similarly limited. Trustees can be corporations (qualified to act) or individuals. You may choose to have co-trustees, one of which may or may not be a corporation. Because corporate trustees must charge fees for their services, they may decline to accept small trusts. Their fees to administer a small trust may turn out to be disproportionately large if they are to cover their costs in handling the trust.

In general, choose a trustee with the following qualities: integrity, mature judgment, fiscal responsibility, and reasonable business and investment acumen. If you wish to select co-trustees, you may want to choose them for how well their individual strengths complement one another.

Every case is different, every family is different, however, we generally do not recommend:
1. your adult children who are beneficiaries of the trust as trustees if you have more than one child because this tends to create conflict among the children.
2. co-trustees (except in the case of the settlors of the trust) because the duplication of efforts tends to create conflict and increase costs of administration. If you are considering co-trustees so that one can "keep an eye on the other," we suggest you reconsider your choice of trustees.
As a suggestion, keeping in mind the qualities of integrity, mature judgment, fiscal responsibility, and reasonable business and investment acumen, consider one of your own siblings, your accountant, a trusted friend or perhaps a professional fiduciary. If you want, feel free to request from us the list of private fiduciaries from which the court appoints, or, depending on the size of your estate, we may be able to recommend three institutional fiduciaries.

(a) Principal Trustee(s)
Name(s):
Address: Phone:

Name(s):
Address: Phone:

(b) Substitute Trustee(s) (to act if one or more of the principal trustees cannot or will not act).
Name(s):
Address: Phone:

Name(s):
Address: Phone:

Powers of Attorney

Have you previously given a power of attorney to your spouse, a child, or any other person authorizing that person to do either specific things on your behalf or to act generally on your behalf? If so, please indicate to whom it was given, the nature of the power (specific or general), the date, and the location of the document granting the power.

Do you wish to designate the same person as your attorney in fact in the new document which will be created for you by this office? Yes: No:
If no, or if you have never previously designated an attorney in fact, who do you wish to designate as your attorney in fact for financial matters?

Husband's choices
1. Name:
Address: Phone
2. Name:
Address: Phone
3. Name:
Address: Phone

Who do you wish to designate as your agent for health care decisions?

Husband's choices
1. Name:
Address: Phone
2. Name:
Address: Phone
3. Name:
Address: Phone
4. Name:
Address: Phone

Wife's choices
1. Name:
Address: Phone
2. Name:
Address: Phone
3. Name:
Address: Phone

Who do you wish to designate as your agent for health care decisions?

Wife's choices
1. Name:
Address: Phone
2. Name:
Address: Phone
3. Name:
Address: Phone
4. Name:
Address: Phone

1. Do you want your Attorney in Fact to have the authority to maintain your pets? Yes:
No:

2. Do you want your Attorney in Fact to have the authority to make arrangements for funeral or memorial services, and for burial or cremation of remains?
Husband? Yes: No: Wife? Yes: No:

3. Do you have a preference between burial and cremation?
Husband? Yes: No: Wife? Yes: No:
If yes, please describe your wishes
Husband:
Wife:

4. Have you already made arrangements for burial or cremation?
Husband? Yes: No: Wife? Yes: No:
If yes, please describe
Husband:
Wife:

5. Do you want your Attorney in Fact to have the authority to make anatomical gifts?
Husband? Yes: No: Wife? Yes: No:
Do you wish to limit this authority in any way? Husband? Yes: No: Wife? Yes: No:
If yes, please specify
Husband:
Wife:

6. Select the statement below that reflects your desires regarding life prolonging treatment, services and procedures.
a. I do not wish to receive medical treatment that merely prolongs my inevitable death.
Husband: Wife:
b. I want to receive medical treatment unless I am in an irreversible coma.
Husband: Wife:
c. I want to receive medical treatment that will allow me to live as long as possible.
Husband: Wife:

7. Shall your Attorney in Fact have the power to authorize an autopsy?
Husband? Yes: No: Wife? Yes: No:

ADDITIONAL INFORMATION

Describe or list here any facts or matters that do not seem to be covered by the other sections of this questionnaire and that you believe may be important for me to know.

Signature: ________________________________________________ Date:_________________

Please bring your current will, trust, durable powers of attorney and living wills to initial consultation.

After completing this final page, you may print this page.

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