Married Couple's Trust Interview

5% Complete

Finish Later Flag

Finish Later ID

Finish Later Username

Finish Later Password

Finish Later Res

Introduction and Contact Information

Introduction:

Welcome to the most thorough, convenient, and cost-effective way to prepare a California Living Trust and Estate Plan available today. You should feel proud of yourself for making the commitment to begin this process and confident that you've selected the right law firm to be your guide.

Take a moment to reflect upon your reasons for embarking on this journey in the first place. What is motivating you? What are you most concerned about with your situation as it stands right now?

Next, imagine how great you are going to feel knowing this is complete and in place. We've helped hundreds of families do just that, and are excited to potentially add you to that list.

Who Should Use This System (and Who Should Not):

Our law firm is uniquely positioned to provide exceptional service to clients with moderate wealth who seek a simple, comprehensive solution to get their affairs in order in the event of their death or incapacity in a user-friendly and efficient manner. 80% of potential clients are a great fit for our system. That being said, there are certain factors that, if present, indicate a potential client should not use this system and instead should seek out another law firm. These factors include:

Married couples with a combined net worth (total assets minus debts) in excess of $20 Million (please email me details for approval before proceeding)

Non-US Citizens with temporary residency such as H-1B, H-2B or EB (regardless of estate size)

If none of the above factors apply to your situation, we invite you to take your first step forward with this interview system and look forward to personally connecting with you following submission.

What to Expect:

This interview will take approximately 30-60 minutes to complete. You may save your progress and continue at a later time if needed by clicking the link entitled "Click Here to Hold Your Position & Continue Later" that appears throughout the interview.

Please note that, although no highly sensitive information is collected here, our site is fully secure and all information submitted is 100% confidential.

This interview includes the same types of questions and explanations that an estate planning attorney would ask you if you were sitting in their office. Much effort has been invested on our part to use "Plain English" to explain the concepts and options involved, and to keep things as simple as possible while still providing a high degree of sophistication.

►Tip: If you aren't certain about some of your responses, that is 100% okay. Just do your best, and take note of any items that you'll want to discuss further.

After you submit the completed interview, you will receive an invitation (on a thank you screen as well as in a follow up email) to schedule your attorney consultation via video call or via phone to discuss your answers and address any questions you may have.

Are you ready? Great! Let's get started...

Contact Information:

Husband's First Name (as it reads on ID) *

Husband's Middle Name (only if on ID)

Husband's Last Name (as it reads on ID) *

Husband's Date of Birth mm/dd/yyyy *

Husband's Citizenship *

	Husband is a US Citizen
	Husband is a Non US Citizen

What Country is Husband a Citizen of?:

Please do not proceed with this interview and consult with another law firm who focuses on estate planning for Non US citizens.

Does Husband have a Green Card? *

	Yes
	No

Please do not proceed with this interview and consult with another law firm who focuses on estate planning for Non US citizens.

Husband's Email

Husband's Phone #

Wife's First Name (as it reads on ID) *

Wife's Middle Name (only if on ID)

Wife's Last Name (as it reads on ID) *

Wife's Date of Birth mm/dd/yyyy *

Wife's Citizenship *

	Wife is a US Citizen
	Wife is a Non US Citizen

Please do not proceed with this interview and consult with another law firm who focuses on estate planning for Non US citizens.

What Country is Wife a Citizen of?:

Does Wife have a Green Card? *

	Yes
	No

Please do not proceed with this interview and consult with another law firm who focuses on estate planning for Non US citizens.

Wife's Email

Wife's Phone #

Address *

City *

State *

Zip/Postal Code *

Preferred Contact Email *

Preferred Contact Phone # *

Do you have a legal plan through your employer?

	Yes
	No

What plan do you have?

	MetLife/Hyatt Legal Plans
	ARAG
	Other

Enter any Case Numbers you were given, and your Member Number:

Enter your ARAG Member ID Number. If they've also provided any CaseAssist Number(s), enter those as well:

Required Terms of Use: *

I declare under penalty of perjury pursuant to California law that I am using this interview for my personal situation or with the written permission of Qualls Law Firm addressed to me personally. I am not in any way using this interview as research for a competing product or service. I acknowledge and agree that all components of this interview are protected by copyright and cannot be copied, shared, or reproduced in any way. I understand and agree that I will be fully liable for all damages and attorney's fees incurred by Qualls Law Firm or Brian Qualls as a result of a violation of these terms.

Next Back

Goals and Concerns

Check any relevant goals or concerns:

	Get affairs in order and create a comprehensive plan for death or incapacity
	Update an existing Trust and/or Will
	Provide for and protect a spouse
	Provide for and protect children
	Legally nominate guardians (backup parents) for minor children
	Obtain more and/or better life insurance
	Avoid Probate (court involvement with my affairs)
	Protect assets from lawsuits or creditors
	Preserve the privacy of my financial affairs during incapacity or following death
	Avoid family or other disputes following a death
	Disinherit a family member
	Plan for a child or other beneficiary with special needs such as medical, learning or developmental disabilities
	Reduce time and costs required to transfer assets following a death
	Avoid or reduce estate taxes
	Protect my children's inheritance if a spouse remarries after a death
	Protect my children's inheritance from their own immaturity, potential divorces, future lawsuits, or other problems
	Provide for charities upon death
	Plan for the transfer of a family business if owner becomes incapacitated or following a death
	Provide that my death not be artificially prolonged if I am mentally incapacitated or have an incurable medical condition

Click Here to Hold Your Position & Continue Later

Next Back

Information Regarding Joint Children of This Marriage

Enter complete information about all children born or adopted by both spouses of this marriage. If there are other children born or adopted by only one spouse (i.e. separate children from a prior marriage), they will be addressed in the next sections and should not be listed here.

Children of this Marriage

Joint Child 1 Full Name

Joint Child 1 Date of Birth mm/dd/yyyy

Joint Child 2 Full Name

Joint Child 2 Date of Birth mm/dd/yyyy

Joint Child 3 Full Name

Joint Child 3 Date of Birth mm/dd/yyyy

Joint Child 4 Full Name

Joint Child 4 Date of Birth mm/dd/yyyy

Joint Child 5 Full Name

Joint Child 5 Date of Birth mm/dd/yyyy

Joint Child 6 Full Name

Joint Child 6 Date of Birth mm/dd/yyyy

Joint Child 7 Full Name

Joint Child 7 Date of Birth mm/dd/yyyy

Joint Child 8 Full Name

Joint Child 8 Date of Birth mm/dd/yyyy

Joint Child 9 Full Name

Joint Child 9 Date of Birth mm/dd/yyyy

Joint Child 10 Full Name

Joint Child 10 Date of Birth mm/dd/yyyy

Any child under 18?

	Yes
	No

Does any child have "special needs" (physical or mental disabilities)?

	Yes
	No

Enter the names of any of the above children who have special needs

Are they currently receiving government benefits such as SSI or Medi-Cal

	No
	Yes

Please do not proceed with this interview and consult with counsel with an emphasis on special needs estate planning.

Do you have any joint children that have predeceased you?

	Yes, one or more of our children is deceased
	No

Number of joint children who are deceased:

Enter the full names of any predeceased children of this marriage:

Naming Guardians for Your Minor Children

Since you've indicated that you have a child or children of this marriage that are under age 18, it's important that you designate one or more Guardians (i.e. backup parents) to raise them in the event something happens to both spouses before they reach adulthood. Note, these are not necessarily the same people as the Trustees who will look after money and property you leave behind for your children (we'll get to that part later) although you are free to choose these same individuals for that role as well when you reach that part of the interview. The Guardian is the person or persons who live with the child, make medical and educational decisions, etc. You will be able to discuss and confirm these decisions during your attorney consultation, so just do the best you can and ask any questions pertaining to Guardians at that time.

Guardian # 1 (enter an individual):

OPTIONAL Guardian # 2 (individual) if the above named cannot act:

OPTIONAL Guardian # 3 (individual) if the above named cannot act:

OPTIONAL Guardian # 4 (individual) if the above named cannot act:

Click Here to Hold Your Position & Continue Later

Next Back

Information Regarding Separate Children of Husband

Does Husband have separate children?

	Yes
	No

Number of Husband's separate children

Treat Separate Children as Joint?

	Yes
	No or N/A

Husband's Child 1 Full Name

Husband's Child 1 Date of Birth mm/dd/yyyy

Husband's Child 2 Full Name

Husband's Child 2 Date of Birth mm/dd/yyyy

Husband's Child 3 Full Name

Husband's Child 3 Date of Birth mm/dd/yyyy

Husband's Child 4 Full Name

Husband's Child 4 Date of Birth mm/dd/yyyy

Husband's Child 5 Full Name

Husband's Child 5 Date of Birth mm/dd/yyyy

Husband's Child 6 Full Name

Husband's Child 6 Date of Birth mm/dd/yyyy

Husband's Child 7 Full Name

Husband's Child 7 Date of Birth mm/dd/yyyy

Husband's Child 8 Full Name

Husband's Child 8 Date of Birth mm/dd/yyyy

Husband's Child 9 Full Name

Husband's Child 9 Date of Birth mm/dd/yyyy

Husband's Child 10 Full Name

Husband's Child 10 Date of Birth mm/dd/yyyy

Are any of Husband's above children under 18?

	Yes, one or more child above is a minor
	All of the above children are 18 or older

Do any child above have "special needs" (physical or mental disabilities)?

	Yes
	No

Enter the names of any of Husband's above children who have special needs

Are they currently receiving government benefits such as SSI or Medi-Cal

	No
	Yes

Please do not proceed with this interview and consult with counsel with an emphasis on special needs estate planning.

Does Husband have any predeceased children?

	Yes, one or more children is deceased
	No

Number of husband's children who are deceased:

Enter the full names of any predeceased children of Husband:

Naming Guardians for Husband's Separate Minor Children

Since you've indicated that you have a child or children not of this marriage that is under age 18, it's important that you designate one or more Guardians (i.e. backup parents) to raise them in the event something happens to you (and the other biological or adoptive parent) before they reach adulthood. Note, these are not necessarily the same people as the Trustees who will look after money and property you leave behind for your children (we'll get to that part later) although you are free to choose these same individuals for that role as well when you reach that part of the interview. The Guardian is the person or persons who live with the child, make medical and educational decisions, etc. You will be able to discuss and confirm these decisions during your attorney consultation, so just do the best you can and ask any questions pertaining to Guardians at that time.

Do you want to name the same individuals as you chose as Guardians of your joint children?

	Yes
	No, I want different Guardians for my separate children

Husband's Selected Guardian (individual) #1:

OPTIONAL Backup Guardian #2 (individual) if the above named cannot act:

OPTIONAL Backup Guardian #3 (individual) if the above named cannot act:

Name an individual or couple as Primary Guardian:

OPTIONAL Name an individual or couple as Backup Guardian:

Click Here to Hold Your Position & Continue Later

Next Back

Information Regarding Separate Children of Wife

Does Wife have separate children?

	Yes
	No

Number of Wife's separate children

Treat Wife Sep Children as Joint?

	Yes
	No or N/A

Wife's Child 1 Full Name

Wife's Child 1 Date of Birth mm/dd/yyyy

Wife's Child 2 Full Name

Wife's Child 2 Date of Birth mm/dd/yyyy

Wife's Child 3 Full Name

Wife's Child 3 Date of Birth mm/dd/yyyy

Wife's Child 4 Full Name

Wife's Child 4 Date of Birth mm/dd/yyyy

Wife's Child 5 Full Name

Wife's Child 5 Date of Birth mm/dd/yyyy

Wife's Child 6 Full Name

Wife's Child 6 Date of Birth mm/dd/yyyy

Wife's Child 7 Full Name

Wife's Child 7 Date of Birth mm/dd/yyyy

Wife's Child 8 Full Name

Wife's Child 8 Date of Birth mm/dd/yyyy

Wife's Child 9 Full Name

Wife's Child 9 Date of Birth mm/dd/yyyy

Wife's Child 10 Full Name

Wife's Child 10 Date of Birth mm/dd/yyyy

Are any of Wife's children under 18?

	Yes, one or more child above is a minor
	No, all of the above children are 18 or older

Do any child above have "special needs" (physical or mental disabilities)?

	Yes
	No

Enter the names of any of Wife's above children who have special needs

Are they currently receiving government benefits such as SSI or Medi-Cal

	No
	Yes

Please do not proceed with this interview and consult with counsel with an emphasis on special needs estate planning.

Does Wife have any predeceased children?

	Yes, one or more children is deceased
	No

Number of wife's children who are deceased:

Enter the full names of any predeceased children of Wife:

Naming Guardians for Wife's Separate Minor Children

Do you want to name the same individuals as you chose as Guardians of your joint children?

	Yes
	No, I want different Guardians for my separate children

Wife's Selected Guardian (individual) #1:

OPTIONAL Backup Guardian #2 (individual) if the above named cannot act:

OPTIONAL Backup Guardian #3 (individual) if the above named cannot act:

Name an individual or couple as Primary Guardian:

OPTIONAL Name an individual or couple as Backup Guardian:

Click Here to Hold Your Position & Continue Later

Next Back

Background Questions

Instructions for Background Questions

Review these questions carefully and describe any "yes" responses as indicated. These issues may be important to your estate plan and the questions are included here for good reason.

Have you completed prior will, trust, or other estate planning documents?

	Yes
	No

Name of Existing Trust:

Date of Existing Trust:

Please describe:

Are you currently receiving disability or other government benefits (other than Social Security)?

	Yes
	No

Please Describe:

Are you making current payments pursuant to a divorce or property settlement order?

	Yes
	No

Please Describe:

Do you have a current prenup of postnuptial agreement in place?

	Yes
	No

Have you been widowed in the past?

	Yes
	No

Was a Federal Estate Tax Return Filed?

	Yes
	No
	I'm not sure

Have you ever filed federal or state gift tax returns?

	Yes
	No

Please Describe:

Are you currently receiving income or principal distributions from anyone else's trust?

	Yes
	No

Please Describe:

Do you expect to inherit money or property in the future?

	Yes
	No

Please Describe:

Do you intend to leave money or property to anyone who is receiving governmental support or benefits (other than Social Security) or to anyone with "special needs" such as physical or mental disability?

	Yes
	No

Please do not procced with this interview and consult with counsel with an emphasis on special needs planning.

Do you currently provide significant financial support to adult children or any others?

	Yes
	No

Please Describe:

Click Here to Hold Your Position & Continue Later

Next Back

Property Information

Community Property and Separate Property, Explained:

Properly classifying property in estate planning is important. In California, property is considered either "Community Property" or "Separate Property" (these terms are explained below). It is very common for all of a couple's significant property to be considered Community Property. However, if there is significant Separate Property of one or both spouses, it is important to classify it as such in the estate planning documents.

"Community Property" is defined as any property acquired during the marriage, except for inherited property or property gifted to one spouse. Community Property is divided 50-50 in the event of a divorce.

Note: Even if certain property (such as a house or a bank account, for instance) is in the name of just one spouse, it is still Community Property if it was acquired during the marriage (and not by gift or inheritance).

"Separate Property" is anything that is not Community Property. In other words, it is property acquired before marriage, or any property received (whether during or before marriage) by inheritance or gift. Separate Property returns to the spouse who owned it initially in the event of a divorce.

Note: We're really only concerned with your significant property (e.g. real estate, stock, separate bank accounts, retirement accounts, valuable automobiles, etc) and not so much with basic items of personal property such as clothing, everyday jewelry, furniture, and the like.

►Tip: Think about whether it is the type of property a couple would fight over if a marriage were dissolved. If it isn't worthy of fighting over, don't worry about classifying it as Separate Property. On the other hand, if it is very meaningful and would likely be a subject of contention, indicate its status as Separate Property in the sections that follow.

How would you characterize your property?

	All of our significant property is Community Property
	Most of our significant property is Community Property, with some Separate Property
	Most of our significant property is Separate Property, with some Community Property
	All of our significant property is Separate Property

Community Property Assets

Check all Community Property asset types that apply to your situation. Again, these are assets acquired during the marriage (even if it's in only one spouse's name, unless it was a gift or inheritance).

Our Community Property:

	Our primary residence (mortgage is okay)
	Other real estate in California (investment, vacation, etc)
	Real estate outside of California
	Any real estate that is held jointly with someone other than a spouse (such as parent, child, business partner, friend etc)
	Checking or Savings Accounts
	Certificates of Deposit (CDs)
	Stocks and Bonds (other than retirement assets such as 401k and IRAs)
	Life Insurance
	Annuities
	Retirement Accounts (401k, IRA, SEP, Roth)
	Compensatory stock or employee stock options
	Business Interests (Sole Proprietorship, Corporation, LLC, Partnership, Limited Partnership, etc)
	Money owed to us (promissory notes for example)
	Boats or RVs
	Automobiles
	Unusually valuable personal property (jewelry, art, antiques, furs, etc)
	Property located outside of the US (other than timeshares)

Address of Primary Residence:

How many additional properties do you have (other than your residence)?:

Address for Additional Property # 1:

Additional Property # 2:

Additional Property # 3:

Additional Property # 4:

Additional Property # 5:

Additional Property # 6:

Additional Property # 7:

Additional Property # 8

Additional Property # 9

Additional Property # 10

You indicated you own property jointly with someone other that a spouse. Which property does that apply to, and who else is on title to that property?

Total amount of life insurance on Husband:

Total amount of life insurance on Wife:

Make a Selection

Check here if you would like for us to help review and optimize your life insurance

Approximate Total Value of Husband's Retirement Accounts (401k, IRA etc)

Approximate Total Value of Wife's Retirement Accounts (401k, IRA etc)

Describe employee stock and stock options, including approximate value:

Approximate total of Checking and Savings:

Approximate Value of CDs:

Approximate Value Stocks and Bonds (Non Retirement) :

Describe form of Stocks and Bonds

	They are all held in a brokerage account
	They are physical share certificates
	Some are in a brokerage account and some are physical share certificates
	I don't know

Describe the business interests you own. Include type of entity such as Sole Proprietorship, LLC, etc:

Who owes you money? Describe:

Describe your boats or RVs:

Describe the unusually valuable personal property you checked above:

Describe property located outside the US:

Value of Community Property

Determine the approximate value of all assets checked above, including any life insurance. Then, subtract the value of any mortgage loans or other debts to determine the value of your community estate. Next, select the appropriate estate size "range" in the next question. It's best to err in the side of higher rather than lower estimated values, as this information helps determine whether estate taxes will be a factor we need to consider with your estate plan.

Total value of Community Property, including life insurance:

	Under $1 Million
	$1 Million to $3 Million
	$3 Million to $7 Million
	$7 Million to $10 Million
	Over $10 Million

Please do not proceed further with the interview and consult with counsel with an emphasis in estate tax planning.

Separate Property of Either Spouse

You indicated earlier in the interview that one or both spouse's own Separate Property. The remaining questions in this section will address any Separate Property. Again, this is property acquired before marriage, or at any time (during or before marriage) by inheritance or gift.

Which Spouse Owns Separate Property?

	Husband
	Wife
	Both spouses own separate property
	We no longer consider any of our significant property to separate

Husband's Separate Property Assets

Check all asset types below that Husband owns as his Separate Property. These should be assets not already checked off or accounted for in the Community Property section above.

Husband's Separate Property:

	Primary residence (mortgage is okay)
	Other real estate in California (investment, vacation, etc)
	Real estate outside of California
	Any real estate that is held jointly with someone other than a spouse (such as parent, child, business partner, friend etc)
	Checking or Savings Accounts
	Certificates of Deposit (CDs)
	Stocks and Bonds (other than retirement assets such as 401k and IRAs)
	Life Insurance (if not included in Community section above)
	Annuities
	Retirement Accounts (401k, IRA, SEP, Roth)
	Compensatory stock or employee stock options
	Business Interests (Sole Proprietorship, Corporation, LLC, Partnership, Limited Partnership, etc)
	Money owed to me (promissory notes for example)
	Boats or RVs
	Automobiles
	Unusually valuable personal property (jewelry, art, antiques, furs, etc)
	Property located outside of the US (other than timeshares)

Address of Primary Residence:

How many additional properties do you have (other than your residence)?:

Address for Additional Property # 1:

Additional Property # 2:

Additional Property # 3:

Additional Property # 4:

Additional Property # 5:

Additional Property # 6:

Additional Property # 7:

Additional Property # 8:

Additional Property # 9:

Additional Property # 10:

You indicated you own property jointly with someone other that a spouse. Which property does that apply to, and who else is on title to that property?

Approximate total of Husband's Checking and Savings:

Approximate Value of Husband's CDs:

Approximate value of Husband's non-retirement stocks and bonds acquired before marriage or by gift/inheritance::

Describe form of Stocks and Bonds

	They are all held in a brokerage account
	They are physical share certificates
	Some are in a brokerage account and some are physical share certificates
	I don't know

Total amount of life insurance on Husband acquired before marriage:

Approximate Total Value of Husband's Retirement Accounts (401k, IRA etc) acquired before marriage or inherited:

Describe Husband's employee stock and stock options acquired before marriage, including approximate value:

Describe the business interests you owned before the marriage (or inherited). Include type of entity such as Sole Proprietorship, LLC, etc:

Who did Husband loan money to (or sell property to) prior to the marriage? Describe:

Describe your boats or RVs acquired prior to marriage or by gift/inheritance:

Describe Husband's automobiles acquired before marriage or by gift/inheritance:

Describe Husband's unusually valuable personal property acquired before marriage or by gift/inheritance:

Describe Husband's property located outside the US acquired before marriage or by gift/inheritance:

Value of Husband's Separate Property (only)

Determine the approximate value of all Husband's Separate Property assets, including any life insurance (but only if not already included in the Community Property Section). Then, subtract the value of any mortgage loans or other debts to determine the value of Husband's separate estate. Finally, select the appropriate estate size "range" of Husband's separate estate in the next question.

Total value of Husband's Separate Property:

	Under $1 Million
	$1 Million to $3 Million
	$3 Million to $7 Million
	$7 Million to $10 Million
	Over $10 Million

Please do not proceed further with the interview and consult with counsel with an emphasis in estate tax planning.

Wife's Separate Property Assets

Check all asset types below that Wife owns as her Separate Property. These should be assets not already checked off or accounted for in the Community Property section above.

Wife's Separate Property:

	Primary residence (mortgage is okay)
	Other real estate in California (investment, vacation, etc)
	Real estate outside of California
	Any real estate that is held jointly with someone other than a spouse (such as parent, child, business partner, friend etc)
	Checking or Savings Accounts
	Certificates of Deposit (CDs)
	Stocks and Bonds (other than retirement assets such as 401k and IRAs)
	Life Insurance (if not included in Community section above)
	Annuities
	Retirement Accounts (401k, IRA, SEP, Roth)
	Compensatory stock or employee stock options
	Business Interests (Sole Proprietorship, Corporation, LLC, Partnership, Limited Partnership, etc)
	Money owed to me (promissory notes for example)
	Boats or RVs
	Automobiles
	Unusually valuable personal property (jewelry, art, antiques, furs, etc)
	Property located outside of the US (other than timeshares)

Address of Primary Residence:

How many additional properties do you have (other than your residence)?:

Address for Additional Property # 1:

Additional Property # 2:

Additional Property # 3:

Additional Property # 4:

Additional Property #5:

Additional Property #6:

Additional Property #7:

Additional Property #8:

Additional Property #9:

Additional Property #10:

You indicated you own property jointly with someone other that a spouse. Which property does that apply to, and who else is on title to that property?

Approximate total of Wife's Checking and Savings:

Approximate Value of Wife's CDs:

Approximate value of Wife's non-retirement stocks and bonds acquired before marriage or inherited::

Approximate Value Wife's Stocks and Bonds (Non Retirement) :

Total amount of life insurance on Wife acquired before marriage:

Approximate Total Value of Wife's Retirement Accounts (401k, IRA etc) acquired before marriage or inherited:

Describe Wife's employee stock and stock options acquired before marriage, including approximate value:

Describe the business interests you owned before the marriage (or inherited). Include type of entity such as Sole Proprietorship, LLC, etc:

Who did Wife loan money to (or sell property to) prior to the marriage? Describe:

Describe your boats or RVs acquired prior to marriage or by gift/inheritance:

Describe Wife's automobiles acquired before marriage or by gift/inheritance:

Describe Wife's unusually valuable personal property acquired before marriage or by gift/inheritance:

Describe Wife's property located outside the US acquired before marriage or by gift/inheritance:

Value of Wife's Separate Property (only)

Determine the approximate value of all of Wife's Separate Property assets, including any life insurance (but only if not already included in the Community Property Section). Then, subtract the value of any mortgage loans or other debts to determine the value of Wife's separate estate. Finally, select the appropriate estate size "range" of Wife's separate estate in the next question.

Total value of Wife's Separate Property:

	Under $1 Million
	$1 Million to $3 Million
	$3 Million to $7 Million
	$7 Million to $10 Million
	Over $10 Million

Please do not proceed further with the interview and consult with counsel with an emphasis in estate tax planning.

Click Here to Hold Your Position & Continue Later

Next Back

Trustees, Executors, and Power of Attorney Agents

Trustees, Executors, and Power of Attorney Agents, Explained:

A very important component of your estate plan is legally naming people you to look after your property if you cannot do so due to incapacity, and to distribute it to your loved ones following your death.

There are several different names these individuals take on, legally speaking, depending on the type of document that the individual is using to act on your behalf. If the document an individual is using is a Trust, we call the individuals we name to act on our behalf Trustees. If it is a Will, we call the person an Executor. If it a Power of Attorney document, we call the person an Agent. It is important to have all 3 of these documents for a complete estate plan, because different situations require different documents to accomplish any given task. That said, it is very common for the same people to be named in all of those documents. After all, the roles are very similar.

Let's take just a brief look at these 3 different documents and the roles (Trustee, Executor, and Agent) that accompany them so that you fully understand.

Trust and the "Trustee"

A Trust (which is simply another way of owning the property that you already own) must have a Trustee at all times. The Trustee is the person who deals with the property in the Trust, such as signing for any transactions, selling property, paying taxes, giving property to loved ones following a death, etc.

When a married couple creates a Trust, they typically name themselves as the Initial Trustees. That allows them to keep handling their property just as they always have. The Trust also typically provides that if one spouse cannot be a Trustee in the future, due to incapacity or death, the other spouse will be sole Trustee. Sometimes however, one of the spouses is not particularly comfortable dealing with finances or property matters, and the couple wants another person to step in and assist the surviving spouse with those matters. You will have the option to select that option if that is the case with your situation. The surviving spouse also has the ability to appoint someone to help him or her if they ever feel it is necessary.

In any event, there will become a point when both spouses are no longer able to act as Trustees (death being the most common example). Therefore, the Trust names Successor Trustees who will take over after they both cannot. The Successor Trustees will pay any final expenses (such as burial costs and taxes) and then distribute property to the next level of beneficiaries, such as the couple's children.

►Tip: A Trustee is typically someone that we "Trust" who is capable of handling financial and property matters. They don't have to be experts or professionals. In fact, it is most common to name family members or friends as Successor Trustees.

The Will and the "Executor"

One big benefit of a Trust is that we often don't need to ever use a Will, because our Trust has all of the written instructions for what happens to our Trust property after we die. However, what if some property was not put in the Trust for some reason? That is where the Will comes in. The Will is very short, and simply says that any property remaining in our name when we die goes to our Trust. The people named in our Will who are responsible for making that happen are called our Executors. They are the same people we name as our Successor Trustees. Therefore, when you select individuals as Successsor Trustees in the sections that follow, these same people will be named as Executors in your Will. How easy it that!?

The Power of Attorney "Agent"

A Power of Attorney (POA) is a document that names people who can act on our behalf with any property or financial matters not included in our Trust in the event we are alive but unable to act due to incapacity. This is an important document because there will always be certain matters that do not concern our Trust, such as our personal health insurance, telephone, cable, checking accounts in our name, etc. The person we name in the Power of Attorney document to act on our behalf with regard to those matters is called our Agent. It is very common to name the same people as our Successor Trustees to also be our Agents; however, it need not be that way if the Husband and Wife prefer to have different people occupying those roles (Husband's brother as his agent, and Wife's sister as her agent, for instance).

►Tip: With all of these roles, it is important to name backups. For instance, a couple might name Husband's brother as the Successor Trustee, and Wife's sister as the alternate Successor Trustee if Husband's brother cannot act for any reason.

Okay, so now what?

In the sections that follow, you will name individuals (and backups) for these various roles. Give it some thought and try your best to come up with good decisions. But don't feel too pressured to get it right the first time. Your attorney consultation will provide a great opportunity to review and discuss these decisions, answer any questions you may have, and make changes to these decisions as necessary.

Next Back

Naming Your Trustees, Executors, and POA Agents

Initial and Successor Trustees (also your Executors)

Both spouses are typically named as Initial Trustees of their Trust. However, if you wish for only one spouse to be Trustee, or for someone else to be Trustee along one of the spouses, you will be able to select that option. You will also name Successor Trustees to step in when one or both spouses can no longer act as Trustee. These same individuals will also be named as your Executors in your Wills. Again, just do your best, you will be able to discuss and confirm these decisions during your attorney consultation.

Select Your Initial Trustee:

	Both spouses will be Initial Trustees (common)
	Just one of us will be the sole Trustee, not the other spouse
	One spouse will be Trustee with another person (either can act on behalf of the Trust)

Which Spouse will be Trustee with another person?

	Husband
	Wife

And who will be a co-Trustee with Husband?

If the above-Co-Trustee cannot act with Husband or after Husband's death?

	Name a Successor Trustee as a backup
	Name two co-Trustees (the remaining one can act alone if the other cannot)

And who will be a co-Trustee with Wife?

If the above-Co-Trustee cannot act with Wife or after Wife's death?

	Name a Successor Trustee as a backup
	Name two co-Trustees (the remaining one can act alone if the other cannot)

Co-Trustee #1:

Co-Trustee #2:

Who will be the Successor Trustee?:

Which Spouse Will be Sole Trustee?

	Husband
	Wife

What happens if one spouse can no longer be Trustee due to incapacity or death?

	The surviving spouse continues to act alone
	If Wife can no longer be Trustee, another Trustee will act with Husband
	If Husband can no longer be Trustee, another Trustee will act with Wife

Who will be Trustee with Husband if Wife can no longer act?

Who will be Trustee with Wife if Husband can no longer act?

And who will be a backup Trustee if the above person (named to act with Husband) can no longer act, including after Husband's death?

And who will be a backup Trustee if the above person (named to act with Wife) can no longer act, including after Wife's death?

What happens when the surviving spouse can no longer act as Trustee?

	One Successor Trustee, then one or more backups (each serves individually)
	Two co-Trustees to serve together (if one can't act, the remaining one acts alone), plus an optional backup if both can't act
	Three co-Trustees (if any can't act the remaining individuals continue to act)
	List in Column Format (each column can have either 1 person, or 2 to serve together jointly)

Trustee Column 1

Trustee Column 2 (optional)

Trustee Column 3 (optional)

Trustee Column 4 (optional)

Trustee Column 5 (optional)

Trustee Column 6 (optional)

Number of Trustee Columns

	1
	2
	3
	4
	5
	6

Co-Trustee #1:

Successor Co-Trustee #1:

Successor Co-Trustee #2:

Successor Co-Trustee #3:

Co-Trustee #2:

(Optional) Backup if both Co-Trustees can't act?:

What happens when the sole Trustee spouse above can no longer act as Trustee?

	One Successor Trustee, then one or more backups (each serves individually)
	Two co-Trustees to serve together (if one can't act, the remaining one acts alone), plus an optional backup if both can't act
	Three co-Trustees (if any can't act the remaining individuals continue to act)

Co-Trustee #1:

Co-Trustee #2:

Co-Trustee 1:

Co-Trustee 2:

Co-Trustee 3:

(Optional) Backup if both Co-Trustees can't act?:

Who will be the Successor Trustee #1?:

Successor Trustee #2?:

Successor Trustee #3?:

Successor Trustee #2:

Successor Trustee #3:

Considering Co-Trustees and Have Questions? Watch Video

Power of Attorney Agents

It is very common for the same individuals you have chosen to also appear as your named Agents in your individual Power of Attorney documents. Again, the Power of Attorney Agent handles miscellaneous property matters on your behalf (a checking account in your name alone, a cable or phone company, insurance company, etc) if you become incapacitated and unable to do so yourself. If you wish to name different individuals for your Power of Attorney documents, indicate that choice in the next question. Otherwise, confirm that your Trustees will also act as your Agents under your Power of Attorney.

Do you want to name different Agents for your Power of Attorney?

	No, we confirm our Trustees as our Agents for our Powers of Attorney
	Husband wants to name different Agents in his Power of Attorney
	Wife wants to name different Agents in her Power of Attorney
	Both of us want to name different Agents (not our Trustees)

Husband Agent #1 (this may be your spouse):

Husband Agent #2:

Husband Agent #3:

Wife Agent #1 (this may be your spouse):

Wife Agent #2:

Wife Agent #3:

Click Here to Hold Your Position & Continue Later

Next Back

Distribution of Property at Death of the First Spouse

Options for Providing for Your Spouse After One of You Passes Away:

It is very common when one spouse dies that all property remains in the original trust for the surviving spouse, who may then use or distribute as he or she sees fit. That is the "simplest" way to do it. For folks who prefer that option, selecting either (A) or (C) in the next question is appropriate.

However, simplicity involves giving up control. There are no guarantees that a surviving spouse won't later revoke or change the terms of the trust (for instance, giving the property to different people at their death or in different proportions than you'd decided upon initially when you created the trust). For some situations, that may be a cause for concern. For example, if either of you are worried about what would happen if a spouse remarries, or if one spouse has separate children from a prior marriage that he or she wants to be sure are provided for (and not cut out) when the surviving spouse dies, options (B) or (D) in teh next question may be a better decision for your situation.

At the more extreme end of the spectrum, options (E) and (F) provide limited (if any) rights to the first spouse to die's share of the property. While uncommon, these options are available. They are mostly used if one spouse is very wealthy in their own right (through separate property for example), and doesn’t need anything beyond that.It is very common when one spouse dies that all property remains in the original trust for the surviving spouse, who may then use or distribute as he or she sees fit. That is the "simplest" way to do it. For folks who prefer that option, selecting either (A) or (C) in the next question is appropriate.

However, simplicity involves giving up control. There are no guarantees that a surviving spouse won't later revoke or change the terms of the trust (for instance, giving the property to different people at their death or in different proportions than you'd decided upon initially when you created the trust). For some situations, that may be a cause for concern. For example, if either of you are worried about what would happen if a spouse remarries, or if one spouse has separate children from a prior marriage that he or she wants to be sure are provided for (and not cut out) when the surviving spouse dies, options (B) or (D) above may be a better decision for your situation.

At the more extreme end of the spectrum, options (E) and (F) provide limited if any rights to the first spouse to die's share of the property. While uncommon, these options are available. They are mostly used if one spouse is very wealthy in their own right (through separate property for example), and doesn’t need anything beyond that.

►Tip: In the next question, select which best describes you.This gives a good idea of what your values and concerns are. If you are torn between two options, or if Husband and Wife have different answers, you may check more than one answer and we'll be sure and discuss this further during your consultation.

Which Describes You?

	(A) I want my spouse to have full control over my share of trust property after I die. I'm not concerned about how it's used or whether they would make changes.
	(B) I would like my share of the property (my half of the community and my separate property) to go into a separate trust after I die. My spouse can use and spend the property for his or her needs, but my spouse won't be able to change who gets the property remaining in that trust after he or she dies.
	(C) Similar to (A), but there are some things, such as sentimental items or gifts of cash or other property that I want to give to others first, with everything remaining going to my spouse.
	(D) Similar to (B), but there are some things, such as sentimental items or gifts of cash or other property that I want to give to others first, with everything remaining going to my spouse.
	(E) I want my spouse to receive only the income from my share, with the principal going to beneficiaries of my choice at my spouse's death.
	(F) I don't want to provide anything to my spouse from my share.

Want More Information to Help You Decide? Watch Video

Which spouse wants to give certain property to someone other than their spouse?

	Husband
	Wife
	Both Husband and Wife
	Actually, we only want to give certain property to others after the survivor of us dies, but not before then.

Describe what Husband wants to give to someone other than his spouse if he dies first:

Does Husband also want the above gifts to occur if he dies second?

	Yes
	No
	Not Sure

Describe what Wife wants to give to someone other than his spouse if he dies first:

Does Wife also want the above gifts to occur if she dies second?

	Yes
	No
	Not Sure

Exhibit Number for SG @ 1st Death (e.g. "B")

Click Here to Hold Your Position & Continue Later

Next Back

Distribution of Property at Death of the Surviving Spouse

What Happens When the Surviving Spouse Passes Away?

Your Trust acts as a Will substitute in that you get to decide who will inherit your property after you both pass away. The vast majority of spouses with children simply choose to divide their remaining Trust property amongst their children, either equally or unequally. Most spouses with only one child will give most or all of their property to that child. If you have only one child, the questions below still refer to children (in the multiple sense) to account for the possibility you may have additional children in the future that you would want to provide for.

The questions in this section address who will inherit property remaining in the Trust(s) after the surviving spouse dies (and after any gifts you may have indicated in the previous section have been made), to children or otherwise.

You will also be able to decide whether property will be given to beneficiaries "Outright" or "In a Continuing Trust." Here's what those terms mean:

"Outright" means that the beneficiary (provided they are 18 or older) receives the property in their own name and can do whatever they want with it immediately. It offers no protection from overspending, lawsuits, divorce, addiction or other issues.

"In a Continuing Trust" offers protection. The beneficiary can receive money or property for their needs for health, education, maintenance and support (until they reach a certain age, or for life), but the Trustee first has to approve whether those needs are a necessary and wise use of the trust property before it is given to them. The Trust also offers asset protection from lawsuits and divorces, because the assets are held in the name of the Trust, and not the beneficiary's individual name.

What Happens When the Surviving Spouse Passes Away?

Your Trust acts as a Will substitute in that you get to decide who will inherit your property after you both pass away.

The questions in this section address who will inherit property remaining in the Trust(s) after the surviving spouse dies (and after any gifts you may have indicated in the previous section have been made).

You will also be able to decide whether property will be given to beneficiaries "Outright" or "In a Continuing Trust." Here's what those terms mean:

"Outright" means that the beneficiary (provided they are 18 or older) receives the property in their own name and can do whatever they want with it immediately. It offers no protection from overspending, lawsuits, divorce, addiction or other issues.

"In a Continuing Trust" offers protection. The beneficiary can receive money or property for their needs for health, education, maintenance and support (until they reach a certain age, or for life), but the Trustee first has to approve whether those needs are a necessary and wise use of the trust property before it is given to them. The Trust also offers asset protection from lawsuits and divorces, because the assets are held in the name of the Trust, and not the beneficiary's individual name.

In your own words, describe how you want your property distributed after the death of the surviving spouse?

Are there any significant gifts above that you want to keep "In a Continuing Trust" (see above for explanation) for any beneficiary?

	No, all will be outright gifts.
	Some or all of the above gifts should be held "In Continuing Trust"

Which beneficiary named above should receive their share "In a Continuing Trust?"

Which of the following best describes the terms of the Continuing Trust(s)?

	In Trust and available for the beneficiary's health, education, maintenance and support as needed in the Trustee's discretion. Given to the beneficiary outright at age 30.
	In Trust and available for beneficiary's health, education, maintenance and support as needed in the Trustee's discretion. Beneficiary gets half of the principal outright at age 25, and the other half at age 30.
	Stays in Trust for a lifetime of asset protection. Available for beneficiary's needs for health, education, maintenance and support in the Trustee's discretion. Beneficiary becomes own Trustee at age 30 and assumes responsibility, but property remains protected from divorce and lawsuits.
	Stays in Trust for a lifetime of asset protection. Available for beneficiary's needs for health, education, maintenance and support in the Trustee's discretion. Beneficiary becomes a co-Trustee (with the current Trustee) at age 25, and sole Trustee at age 30 - property remains protected from divorce and lawsuits.
	Stays in Trust for a lifetime of asset protection. Available for beneficiary's needs for health, education, maintenance and support in the Trustee's discretion. Beneficiary does not become a Trustee at any point.
	We have something different in mind, either similar to or different than the above.

In your own words, describe the terms of any "Continuing Trust" for any beneficiary. We will discuss further at your consultation:

Which best describes you?

	Our children will inherit our property in equal shares.
	Our children will be inheriting from us in unequal shares.
	Some property will be going to specific individuals, specific children or grandchildren, other relatives, or charities, with the balance to our children in equal shares.
	Some property will be going to specific individuals, specific children or grandchildren, other relatives, or charities, with the balance to our children in unequal shares.
	Our children will not be inheriting from us.
	None of the above describe our intentions well.

Describe the shares each child will receive (i.e. John Smith 50%, Jane Smith 25%, Jim Smith 25%). In any child will be disinherited, indicate that here as well:

Describe what property will be given to specific persons or charities before the balance is given to your children:

Exhibit Number for SG @ 2nd Death (e.g. "B" or "C")

"Outright" to Children, or "In a Continuing Trust?"

	Outright and free of Trust.
	Continuing Trust available for child's health, education, maintenance and support as needed in the Trustee's discretion. Given to child outright at a stated age (e.g. 30).
	Continuing Trust available for child's health, education, maintenance and support as needed in the Trustee's discretion. Child also gets half of the principal outright at stated age (e.g. 25), and the other half at second age (e.g. 30).
	Continuing Trust available for child's health, education, maintenance and support as needed in the Trustee's discretion. Child also gets 1/3 of the principal outright at stated age (e.g. 25), another 1/3 at second age (e.g. 30), and remaining 1/3 at final age (e.g. 35).
	Continuing Trust for lifetime asset protection. Available for child's health, education, maintenance and support in the Trustee's discretion. Child becomes own Trustee at a stated age (e.g. 30) and assumes responsibility, but assets remain protected.
	Continuing Trust for lifetime asset protection. Available for child's health, education, maintenance and support in the Trustee's discretion. Child becomes a co-Trustee (with the other acting Trustee) at a stated age (e.g. 25), and sole Trustee at a second age (e.g. 30), but assets remain protected.
	Continuing Trust for lifetime asset protection. Available for child's health, education, maintenance and support in the Trustee's discretion. Child does not become a Trustee at any point (rare).
	We have something different in mind, either similar to or different than the above.

Want More Information to Help You Decide? Watch Video

Because you selected one of the Continuing Trust" options above, please answer the following pertaining to the relevant age contingencies.

Age child becomes co-Trustee of their Lifetime Trust (e.g. 25)

Age child becomes sole Trustee of their Lifetime Trust (e.g. 30)

Age that initial 1/3 is distributed to child (e.g. 25)?

Age that second 1/3 is distributed to child (e.g. 30)?

Age that final 1/3 is distributed to child (e.g. 35)?

Age that initial half is distributed to child (e.g. 25)?

Age that second half is distributed to child (e.g. 30)?

Age Child Receives the Trust Assets Outright (25, 30 or 35 are most common)

Describe what you have in mind regarding how your children will receive their property:

In your own words, describe your intentions regarding distribution of your property after the death of the surviving spouse. We will discuss further at your consultation:

Click Here to Hold Your Position & Continue Later

Next Back

Advance Healthcare Directives

The Advance Healthcare Directive, Explained:

A final component of a complete estate plan is the Advance Healthcare Directive.

This document has two components:

1) Naming a Healthcare Agent to make critical medical treatment decisions in the event you are unable to communicate your own wishes. This is often referred to as a Power of Attorney for Healthcare.

2) Expressing your end of life wishes if you are in an incurable or irreversible condition. Specifically, we're talking about a situation such as a severe coma or persistent vegetative state, in which you are unlikely to recover and live a quality life. Would you would want aggressive treatment to continue, or if you would prefer to be allowed to die naturally and forgo any heroic measures to continue keeping you alive? This is often referred to as a Living Will.

In the questions that follow, you will name your Healthcare Agents, and choose one of two general options for end of life wishes that your agent can follow if you are unable to communicate for yourself.

Healthcare Agents

Do you both want each other's decision maker with regard to medical treatment options if you cannot communicate your own wishes?

	Yes
	No, one or both of us wants to name another primary agent

Which spouse is naming a primary healthcare agent that is not the other spouse?

	Husband
	Wife
	Both wish to name someone else as primary healthcare agent

Husband's Primary Agent's name, City and State?:

Wife's Primary Agent's name, City and State?:

Name of Husband's backup Agent in case the primary Agent cannot act?

[OPTIONAL] Name of Husband's alternate backup Agent in case the above named cannot act?

Name of Wife's backup Agent in case the primary Agent cannot act?

[OPTIONAL] Name of Wife's alternate backup Agent in case the above named cannot act?

End of Life Wishes

Husband's Wishes - Choose One

Choice Not to Prolong Life - I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will result in my death within a relatively short time, (2) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh the expected benefits.

Choice to Prolong Life - I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.

Wife's Wishes - Choose One

Choice to Prolong Life - I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.

Click Here to Hold Your Position & Continue Later

Next Back

Final Comments and Submit

Congratulations!

You have successfully answered all required questions. Great job!

It says a lot about you that you made it this far. It's a huge step forward in the process of completing your estate plan and truly protecting your loved ones.

But you're not done just yet! Please enter any remaining comments in the area provided below, and click "Submit Interview" to complete the interview and deliver it to the law firm.

Once you submit the interview, you will receive both a thank you screen and a follow up email inviting you to schedule your personal consultation via video call or by phone. Your consultation will be your chance to review and confirm the items addressed in the interview, discuss any questions or concerns, and be sure you have all the clarity you need to feel comfortable and confident with this process. At the conclusion of your consultation, if the project is a good match for both parties, then we will confirm the flat price to prepare your custom trust and estate planning package along with a timeline for completion. The great news is, because you "did the work" and completed this interview online, we are able to provide you with a considerable savings compared to what traditional law firms typically charge.

Final Comments or Questions:

Husband's Full Name in Docs:

Wife's Full Name in Docs

TRUST NAME:

County of Residence

Date of Signing

County of Signing

APN of Residence

Notary

Include Afterborn Children?

	Yes
	No

Husband AKA

Wife AKA?

For Office Use Only:

Type of Trust

	Survivors Trust Only
	Disclaimer Trust
	A/C with Disclaimer
	QTIP w/ Clayton Election
	QDOT
	Disclaimer to QDOT

Initial Trust Funding

	$10
	Schedule(s)

Magic Wand Funding?

Check to Include

Include Retirement Accounts Language?

Check to Include

Long Form Special Distributions Paragraph?

Check to Include

Age for Special Distributions Paragraph (18-25)

All co Trustees to sign?

Check if Required

All Health Agents to sign?

Check if Required

Customize Contingent Benes?

Yes

Exhibit Number for Custom Contingent Distribution (e.g. "B", "C" or "D")

Exclude General Omitted Child Language (rare)

Specific Omitted Child(ren) in Family Section?

Disinherited Child Name(s)

Also Disinherit Issue of Child?

	Yes
	No

Specific Disinheritance?

Specific Disinheritance Names

Also Specifically Disinherit their Issue?

	Yes
	No

Generate Trust Package?

Portal Client 1 First Name

Portal Client 1 Last Name

Portal Client 1 Email

Portal Client 1 Spouse Name

Portal Client 2 First Name

Portal Client 2 Last Name

Portal Client 2 Email

Portal Client 2 Spouse Name

Covered Services

	Full Trust Package
	Trust Package - No Deeds

Uncovered Services

	Trust Tax Planning and Funding
	Initial Trust Funding

Total Out of Pocket Fees

County Recording Fees

Notary Fees

Upload Attorney Notes

Choose File Change ×

Upload Deed 1

Choose File Change ×

Upload Deed 2

Choose File Change ×

Upload Deed 3

Choose File Change ×

Upload Deed 4

Choose File Change ×

Upload Other 1

Choose File Change ×

Upload Other 2

Choose File Change ×

Upload Other 3

Choose File Change ×

Upload Existing EP 1

Choose File Change ×

Upload Existing EP 2

Choose File Change ×

Upload Existing EP 3

Choose File Change ×

Upload Misc

Choose File Change ×

Submit Interview Back

PDF File