Monday, March 1, 2010

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.

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