Monday, March 1, 2010

Prepare now, or do it after the fact

Contact the insurance company for all life
insurance policies. You will need to provide the
policy number and a certified copy of the death
certificate and fill out a claim form. If the
deceased is listed as the beneficiary on any other
policy, arrange to have the name removed.


If the deceased was working, contact the
employer for information on pension plans,
credit unions and union death benefits. You will
need a certified copy of the death certificate for
each claim.


Return credit cards of the deceased with a
certified copy of the death certificate, or notify the
credit card company if you, as the survivor, want
to retain use of the card.


Seek the advice of an accountant or tax
advisor about filing the deceased's tax return for
the year of the death. Keep monthly bank
statements on all individual and joint accounts
that show the account balance on the day of
death, since you will need this information for the
estate tax return.


Arrange to change any joint bank accounts
into your name. If the deceased's estate is in
trust, check with the Trust Department or
Customer Service at the bank.


Arrange to change stocks and bonds into
your name . Your bank or stockbroker will have
the forms.


Make sure that important bills , such as
mortgage payments, continue to be paid.


Documents you may need to complete the
tasks:

Death Certificates (10 - 15 certified copies)
Social Security Card
Marriage Certificate
Birth Certificate
Birth Certificate for each child, if applicable
Page 2 of 3 After death occurs checklist
2/26/2010 http://www.endoflifecommission.org/end_pages/guide_checklist.htm

Part 3 Summary, Pour over Will, Power of Attoney's, Children

Certified Extract (Summary) of Living Trust (4 pages)
This Certified Extract will be needed to show evidence of the existence of your Revocable Living Trust to your asset holders, such as banks, savings & loan associations, and others (e.g. when changing ownership from your name individually to your name as Trustee of your Trust). By using this Certified Extract, you avoid the need for providing a full copy of the Revocable Living Trust to each of your asset holders, thereby maintaining maximum privacy . . . and saving a few trees!
Last Will and Testament (7 pages)
This so-called "Pour-Over Will" should identify any spouse, children (living or deceased), as well as any prior marriages. It directs the transfer your Revocable Living Trust of all assets which have not been previously transferred thereto during your lifetime. Surprisingly, many people leave assets outside of their Trusts at the time of their death, necessitating this form.
Healthcare Durable Power of Attorney (7 pages)
This document identifies your "Healthcare Agent" to make all healthcare decisions for you in the event you become mentally incapacitated such that you cannot make healthcare decisions for yourself. You may also indicate therein your preferences regarding the withholding of life-sustaining treatment in the event you ever become "brain dead" with no hope of recovery. The document further provides an opportunity for you to indicate your preferences regarding the disposition of your remains and memorial services.
Financial Durable Power of Attorney (7 pages)
This form specifies your "Attorney-in-Fact" to manage your financial affairs on your behalf in the event you ever become mentally incapacitated or, conversely, simply need assistance with your finances during your lifetime from a person you trust. Numerous types of financial powers are listed therein for possible use if and when the need ever arises.
Nomination of Guardians (3 pages)
If you have children who are minors, it is imperative that you list your preferred individuals to act as their Guardian if you die or become incapacitated and unable to raise your minor children.

Part 2 Assignment, Quitclaim, Declaration of Intent

Assignment of Personal Property (2 pages)
This Assignment form transfers ownership of various categories of your personal property into your Revocable Living Trust. You should also formally change title on all vehicles, boats, mobile home, etc., with the applicable governmental agencies as well.
Quitclaim Deed (2 pages)
This form can be used to transfer ownership of your real property into your name as Trustee of your Trust. Your signature must be notarized and the form must be recorded in the county in which the real property is located to complete the transfer. Certain local fees and attachments may be required.
Declaration of Intent (2 pages)
This form provides substantial evidence of your intent to transfer your assets into your Revocable Living Trust. This may be extremely helpful in the event, after your death, that an asset of significant value is determined to be owned outside of your Revocable Living

Free Living Trust Documents

The following is a brief description of each of the ten forms included in our downloadable package:
Comprehensive Revocable Living Trust (approx. 25 pages)
This primary document in the forms package typically names yourself (and spouse) as "Trustees" of your Trust to exercise management and control over the Trust’s property. It also specifies your intended "Beneficiaries," that is, the persons who will ultimately receive property from your Trust. You may also specify the timing and amount of such Trust distributions to your intended Beneficiaries. The Trust also indicates the "Successor Trustee" to succeed you and your spouse in the event of the death or incapacity of both of you.
You maintain the ability to change or revoke the Living Trust during your (joint) lifetime(s) and continue to receive all of the income and the ability to buy and sell assets at any time.
If married and your estate is near or over $1,000,000, please select the A/B Trust Form Package to obtain two federal estate tax exemptions totaling $2,000,000 (or more in the future).

Living Trust Funding Instructions (4 pages)
These are detailed instructions about how to transfer various types of assets into your Revocable Living Trust, including cash accounts (checking, savings, money market funds, safe deposit boxes, etc.), real estate, stocks, bonds, securities, promissory notes, limited partnership interests, oil, mineral and gas interests, etc. The instructions also refer to the special rules concerning retirement plans of married persons which should not ordinarily be transferred into the Trust. The instructions also provide special rules concerning life insurance and payable on death (POD) accounts, as well as designating any separate property interests in assets transferred to your Trust.