Trust & Estate planning Preparation Form | The Law Offices of C. Lee Hewitt

ESTATE PLANNING PREPARATION FORM

Date

CLIENT (Your Name)

Referred By

Name of Parties (if single please complete one):

Husband/Spouse 1:

US Citizen

Yes No

Phone No.

Wife/Spouse 2:

US Citizen

Yes No

Phone No.

Previous husband/wife:

Marriage terminated on

By:

Death Divorce

County of residence:

Home address

Family:

Names of Children

Dates of Birth (if under 18)

Guardians for minor children (who will care for the minor children if under age 18?):

Name, address & phone no.

Alternate, name, address & phone no.

Name(s) of deceased child(ren): If so, did that child have children?

Yes No

If yes, list names next to parent:

Trust Name:

Do you have an existing trust

Yes No

What shall the name of your trust be? (If you have an existing trust provide the exact name of your trust. The trust name will remain the same)

Trustee/Executor:

Who do you choose as the trustee/executor? (This person would be in charge of managing your trust and distributing your estate according to your wishes after your death as outlined in the trust and will (paragraph 7 below).

This person would also have power of attorney to manage your assets if you become incapacitated. (Note: If you have a spouse, he/she will be the first nominee, so there is no need to list him/her below.)

Name

Address

Phone No.

Relationship: (i.e., son, daughter, friend, etc.)

Who do you choose as the alternate trustee/executor in the event your first choice is unable or unwilling to act?

Name:

Address

Phone No.

Relationship: (i.e., son, daughter, friend, etc.)

If you wish to appoint any other alternates, please give the above information for each on the back of this paper or attach an additional page. Are you providing additional alternates

Yes No

Shall above act as co-trustees? (If selecting co-trustees the two people will be directed to act unanimously; however, if one of them, dies, resigns, is unable to act because of incapacity, or is unwilling to act, the remaining person will act alone.)

Yes No

Specific Bequests

Are there any specific personal property items that you would like to give to certain individuals? (i.e. certain items of jewelry, furniture, or specific cash amounts, “10% to the church”, etc.)?

If you want all of your property belonging to your estate to be divided among your heirs, then leave this section blank and continue to item 7. If you want to list specific items and give them to certain people, please complete the following:

Description of item(s)/$ amount/ or percentage:

Give to:

Name:

Address:

Phone No.

Relationship:

Description of item(s)/$ amount/ or percentage:

Give to:

Name

Address

Phone No.

Relationship

Distribution of Trust Estate:

How do you want your trust estate to be divided? For example, the typical distribution would be that after your death your entire estate (after distribution of specific bequests, if any - see paragraph 6 above) shall be distributed to your children in equal shares, free of trust, or at a specific age if they are under age 18; or if a child predeceases you, that child's share would go to the children of the deceased child to be held in trust until said grandchildren reach certain ages.

It is common that a younger child’s or grandchildren's trust be distributed 1/2 at a certain age, and the remaining 1/2 at another age, i.e. half at age 25 and the balance at age 35. You can choose any age, or you may decide you want the grandchildren to receive all of their portion at a certain age.

They will receive it at age 21 if you do not specify another age for distribution. If you want to the follow the above example please indicate at which age(s) you wish the children or grandchildren's trust to be distributed:

If you want a different distribution, please describe what you have in mind:

Assets to be listed on Schedule A:

Real Property
List the complete addresses of all real property you own, including the county, state and country. (Real property includes homes, land, timeshare properties, investment properties, etc.)
A.

Durable General Power of Attorney:

Trustees of your trust and executor of your will only have the authority to act upon your passing. However, what happens if you are incapacitated from an automobile accident or unfortunately develop a condition, such as Alzheimer Disease, that affects your capacity to make informed decisions? A Durable General Power of Attorney nominates somebody to make legal/financial decisions on your behalf if you are incapacitated.

The person who you nominate has the authority to withdraw funds and manage your finances. This person is called the “attorney-in-fact.” Your attorney-in-fact will have the authority to act on your behalf if you become medically incompetent, or you declare in writing that you want your attorney-in-fact to act.

This is referred to as a “springing” power of attorney. I recommend a springing provision in your power of attorney which provides greater protections from fraud and wrongdoing. If you would like to discuss the option of your attorney-in-fact having the authority to immediately act upon signing, please select “No” below.

Yes No

It is strongly recommended that the attorney-in-fact be the same people as the Trustee/Executor. Shall the attorney-in-fact be the same people as the Trustee/Executor?

Yes No

If “No” provide the address and telephone number, and their relationship to you.

Name

Address

Relationship

Advanced Health Care Directive:

While a Durable General Power of Attorney nominates somebody to make legal decisions on your behalf if you are incapacitated, an Advanced Health Care Directive allows somebody to make medical decisions on your behalf. This person is known as your “health care agent.”

Do you want the health care agent to be the same people as the Trustee/Executor?

Yes No

If the answer is “No”, then please complete the following information.
(Note: If you have a spouse he/she will automatically be the first nominee, so there is no need to list him/her below.)

Name:

Address:

Phone No.

Relationship: (i.e., son, daughter, friend, etc.)

Who do you choose as the alternate agent in the event your first choice is unable or unwilling to act?

Name:

Address:

Phone No.

Relationship: (i.e., son, daughter, friend, etc.)

If you wish to appoint any other alternates, please give the above information for each

Do you want your agent to have powers to donate body parts?

Yes No

Do you wish to specify funeral or burial preferences? If so, please state details:

NOTARY & IDENTIFICATION REQUIREMENTS

At the time of signing your estate planning documents you must present identification to the Notary Public. The identification needs to match the name contained in your estate planning documents.

In order streamline this process we ask that you please PROVIDE A COPY YOUR DRIVER’S LICENSE OR ID* IN THE SPACE PROVIDED BELOW OR ATTACH A COPY ON A SEPARATE PAGE and COMPLETE THE REQUESTED INFORMATION BELOW.

PLEASE CLEARLY WRITE YOUR NAME AS IT APPEARS ON YOUR ID

First Name

Middle Name

Last Name

ID#

Issued Date

PLEASE CLEARLY WRITE YOUR NAME AS IT APPEARS ON YOUR ID

First Name

Middle Name

Last Name

ID#

Issued Date

Practice Areas

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Lee and Deborah are a class act. We have worked with both of them on separate occasions. There is only one thing on their mind when presenting the facts. Do it with class, do it with integrity, and do it with an outcome everybody is fair with. It has been a pleasure to work with this law firm for many years and a privilege to have them as my attorneys.

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I have known C Lee Hewitt for 35 years. He is honest, hard-working and dedicated. He has represented us through varying personal matters including divorce, custody, probate and estate planning. His fees are absolutely fair. While any legal situation can be challenging, or may not have the desired outcome, Lee will honestly manage expectations and stand by you through the entire process.

D Clark

Satisfied Client

Legal matters can be stressful, but Deborah made the process manageable by being consistently available to answer my questions and address my concerns. She navigated my case with expertise, helping me secure a successful outcome. Her services were provided at a reasonable rate, offering excellent value for the level of expertise provided. I am grateful to have had Deborah Hewitt in my corner.

Deepti Choudhary

Satisfied Client

I had been putting off creating a Living Trust for far to long. Mr. Hewitt and his team provided the guidance I needed in protecting my assets for my family. Additionally putting in place the documents needed for medical, legal and financial decisions if I in the future I could not. The process was easy and affordable. It is one less thing I worry about now and true piece of mind.

Holly Bugaj

Satisfied Client

C. Lee Hewitt is an exceptional family law attorney. He diligently reviewed my decades-old case, developing and executing a powerful, winning strategy. Backed by a highly knowledgeable, efficient staff, he made the complex legal process clear and expedient. Beyond his professionalism and deep experience, Mr. Hewitt’s greatest strengths are his compassion and deliberate communication. I highly recommend him for securing fair, reasonable solutions to complex legal problems.

Michael B.

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