Wills, Trusts, and Powers of Attorney

Post on 20-Jun-2015

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Estate Planning Basics - including overview of intestacy, types of wills, types of trust, Advance Health Care Directives, and Powers of Attorney for Finance

Transcript of Wills, Trusts, and Powers of Attorney

750 University Avenue, Suite 140, Los Gatos, CA 95032

(408) 354-0200www.sugaisudweeks.com

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Presented by Sheri Sudweeks

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No will or trust Distributions based on statutory scheme Court must designate administrator (priority is

statutory) Guardianship issues Full distributions to anyone 18 or over

Real Estate Held in Joint Tenancy Bank accounts held in Joint Tenancy Accounts with Pay on Death Provisions Assets with Beneficiary Designations Insurance policies with Beneficiary

Designations Automobiles Property held in trust

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Designate who gets your stuff Nominate the guardian of your children Nominate an Executor to take care of your

final affairs

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Holographic Wills Statutory Wills Pour over Wills Last Will and Testament Ethical Wills

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Probate Avoidance Control Estate Taxes for Couples Incapacity Planning Privacy

Revocable (Living) Irrevocable Special Needs AB ABC Power of Appointment QPRT, GRAT, Etc…

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Legal entity/Legal fiction Trustee Tax id Funding Creditors

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Joint Trust Provisions of Trust By-pass and Q-tip elections Successor Trustee Duties and Liabilities

• Beneficiary notification• Taxes• Marshalling of Assets• Distribution• Accounting

Role of Attorney and Accountant

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Not in trust unless titled to trust Schedules Deeds Bank Accounts Retirement funds Other Assets Automobiles Personal Property Refinancing Property in Trust

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Power of Attorney For Health Care Living Will National Death Act Declaration DNR Instructions for Health Care

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Executed Prior to 1997 Executed Prior to July 2000 Executed Prior to 2004 Have you signed a generic hospital form

that revoked your document?

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Terminal Illness Life Support Irreversible Coma Palliative Care Nutrition and Hydration Hospice Long term care Organ Donation

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License to Steal v. Necessity for Security

Access to non-trust assets Gifting Public benefits planning Durable Springing

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What if I change my mind? What happens if I die or become

incapacitated and there is stuff that is outside of my trust?

Who gets to see my trust or will? Where do I keep my estate planning

documents? How often do I need to update my trust or

will? How expensive is it to get a trust or will? Are there any good resources for DIY

trusts and wills?

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Thank you for attending

750 University Avenue, Suite 140Los Gatos, CA 95032

(408) 354-0200www.sugaisudweeks.com