Estate Package

Last Will & Testament

We'll begin with your Last Will. Here's what you need to know before getting started.

Guidance: We guide you with instructions along the way. Don't be too concerned if you're not 100% sure about something. This isn't a computer generated template. A live planner will be working on your document. We'll reach out if something doesn't seem right, and we'll work with you after delivery if something isn't what you intended. You'll also have a chance to leave notes at the end to clarify any points or tell us you need something more. If you run into a real concern, just click the SMS icon in the lower right of your screen. We'll get back to you in a text chat we can leave open while you finish.

Identity Protection: Your will is going to be a matter of public record when it enters probate. Especially in these days of high identity theft and other predatory practices, we do not include Social Security Numbers, full addresses, dates of birth, or contact information for anyone you designate in your will. The requirement is usually that the named individuals must be "identifiable" to probate officials. We do that by using their city, state, and relationship to you. In addition to your official will, your Executor should have an instruction letter from you with the information they need to finalize your wishes. That letter is where you should put sensitive financial account information and any additional identifying information, addresses, and other contact information for named individuals, both for your Executor's convenience and to support the identification of the individuals you name in the will. If the information we want on your beneficiaries seems light to you, that's why. It's for everyone's protection when the will becomes publicly accessible.

Notarization And Self-Proof: Your will is valid in most states as soon as it's signed by enough witnesses to satisfy the state's requirement. Louisiana is the only state that requires a will be notarized. However, there are other benefits to notarization. Your witnesses can be called during probate to testify they actually witnessed your signature and that the will in question is what they signed. Since witnesses usually need to be disinterested parties not otherwise mentioned in the will, they're often not very close to you and can be hard to find years later. Recognizing that, everywhere except Ohio and the District of Columbia now accept what are called "self-proving" wills. These wills include oaths by the witnesses in the text of the will or a separate affidavit, depending on the state, that are attested to by a notary to swear on paper what they would have to swear in a probate appearance. That means this step can be skipped in probate and your Executor doesn't have to hunt down your witnesses. We always include a signature oath or a separate affidavit for self-proof specific to your state where they're allowed. If you already know about this and are looking for it as you go through the process, it's not there because with us it's automatic. We don't insist you use them or get the will notarized outside Louisiana, but we do highly recommend it and include what's necessary in every will. We'll address this again for you in your delivery with details specific to your state.

Couples: Wills that incorporate the wishes of two people into one document are illegal in many states, and more easily contestable or confusing during probate in the few states where it's legal. For couples, we provide what are known as "mirror wills." There will be one for each of you. You'll have options in certain areas for naming your spouse or partner first and then a backup person if you should both pass away at the same time, and for how bequests will be handled in and out of community property states. Bequests for joint property are coordinated across both wills to ensure there are no conflicts to create probate issues.

This form is the quickest way to be sure we're covering everything accurately for you, but if you're not comfortable with it or have to type all this out on a phone, you're welcome to click that SMS icon now and tell us you need help. We'll set up a phone or video call for a planner to handle it all for you.

Your Executor is the person in charge of carrying out the instructions in your will and handling the disposition of your estate. It's ok for the Executor to be a relative or a beneficiary in the will.

There are two types of beneficiaries in your will, beneficiaries of specific gifts and residue beneficiaries. Beneficiaries of specific gifts are what come to mind for most people when they think of a will. "I leave Mark Thomas of Boise, Idaho my baseball card collection."

Your residue beneficiaries receive the "residue" of your estate, which is everything that's left after final expenses and specific gifts. This is an important probate consideration, as it means everything you own belongs to someone in your will whether you've mentioned the thing or not. There's nothing left for the state to find and quibble about to delay probate.

We'll start with the residue of your estate.

Great news! You're done with the hard part. The next steps are a lot faster for most people. You'll be done soon. Were there enough entries available to complete your wishes?

Medical Directive

Now on to your Medical Directive. Medical Directives are sometimes called Living Wills, Advanced Directives, Personal Directives or Advanced Decisions. By any name, the purpose is the same: to allow you to define your medical care preferences in advance of a serious condition while you are of clear mind and able to articulate those preferences.

Our Medical Directives fully state your treatment preferences when you have a terminal condition or are persistently unconscious and are unable to make decisions. You may also appoint a Health Care Proxy to make medical decisions for you, in accordance with your stated wishes, and choose very specific anatomical gift (organ donation) preferences. Both are optional.

Before you start, please review these definitions, which will be in your final Medical Directive and describe the choices you'll be making momentarily.

Life-sustaining treatment means any medical procedure or intervention, including but not limited to the artificial administration of nutrition and hydration if the declarant has specifically authorized the withholding and withdrawal of artificially administered nutrition and hydration, that when administered to a qualifying patient would only serve to prolong the process of dying or to maintain the patient in a condition of persistent unconsciousness. The term life-sustaining treatment shall not include the administration of medication or the performance of any medical treatment deemed necessary to alleviate pain nor the normal consumption of food and water.

Artificially supplied nutrition and hydration (or artificially administered food and water) means the provision of nutrients or fluids by a tube inserted in a vein, under the skin in the subcutaneous tissues, or in the stomach (gastrointestinal tract).

Comfort care means treatment, including prescription medication, provided to a patient for the sole purpose of alleviating pain, and does not include artificially administered food and water.

A terminal condition means an incurable and irreversible condition that, even with the administration of life-sustaining treatment, in the opinion of the attending physician and another physician, will result in death within six (6) months. If found to have a terminal condition:

Persistently unconscious means an irreversible condition, as determined by the attending physician and another physician, in which thought and awareness of self and environment are absent. If found to be persistently unconscious:

There can be many more health decisions needed on a daily basis than aren't covered by these universally accepted standards you've designated so far. A Health Care Proxy can make those decisions for you, with your directives here still the final word. Please note, this person will have access to your medical records, if necessary, to help make informed decisions.

In addition to your state standing as an organ donor (designated on your driver's license in many states), you can make more specific directives about your anatomical gifts here.

If you're a woman with a potential pregnancy consideration, you can opt to make this entire directive ineffective during your pregnancy. This statement is optional. We take no stand on this issue. This directive may automatically become ineffective by state law depending on your location and stage of pregnancy. We simply offer you an opportunity to state upfront if you want the directive voluntarily made ineffective during your pregnancy regardless of other circumstances.

Power Of Attorncy

Almost there! This is the last and easiest part of your package. A Power Of Attorney allows you to appoint another person as your Attorney-in-fact to act for you in your absence. Their authority can be as broad or specific as you choose. You might appoint an Attorney-in-fact to only handle investment properties, or to only manage a trust, or to only act for you in your business, or to handle everything. You can appoint anyone provided they're over 18 years of age. You can also rescind a Power Of Attorney at any time with nothing but a written statement.

Our POAs are specific to areas of authority and responsibility and become quite lengthy, and powerful, if you choose everything. You should choose the areas that apply to you.

Conditions Of Privilege determine parts of your relationship with the Attorney-in-fact beyond the usual boiler plate authority. Attorney-in-fact is typically an unpaid position, with the exception of any out of pocket expenses being reimbursed. Financial incentives can create an opportunity to challenge the objectivity of the Attorney-in-fact and therefor the Power Of Attorney, so it's good to be specific about what's ok with you to avoid any suspicion of abuse of power by outside parties. Some of these items give your appointee certain privileges that may allow them more control or to earn money from this responsibility with your permission, and therefor without necessarily calling objectivity into question or creating a compensated agreement. These are at your discretion. You should select which ones you'd like to be included in your Power Of Attorney, if any, based on your relationship with the person. Choose any or all that apply.

My Attorney-in-fact:

Specific Authority is where you choose the areas in which your Attorney-in-fact can act for you. If you only want someone to be responsible for managing your retirement funds, you might choose Government Benefit Transactions, Retirement Benefit Transactions, and Estate Transactions (if all are applicable). As a point of clarification, Estate Transactions refers to estates and trusts where you are receiving a payment from those estates or trusts. Living Trust Transactions refer to estates and trusts which you have set up yourself. Choose any and all that apply.

That was your last entry. This is the final opportunity to Go Back and review any information. We're sure you've had enough, so remember that we'll be in touch if anything doesn't seem right. If you think you're ready, hit Finish Up and we'll take you to payment.