The Revocable Trust (also known as a “living trust” or “inter vivos trust”) is intended as your primary estate planning document.
It is created during your lifetime and is put in place to manage your assets during life and after death.
The main purpose of this Trust is to avoid probate upon your death. This goal can only be accomplished by transferring your assets into your name as trustee of the Trust during your lifetime.
The main purpose of the Will is to distribute property you own at your death that is not in your Trust.
It is intended mainly as a safeguard to handle the distribution of property that has not been transferred into your Trust during your lifetime.
Power of Attorney
Under the Power of Attorney document, you designate the persons or “agents” who can make decisions for you about your finances (other than assets owned by your Trust) if you become incapacitated.
A Power of Attorney is no longer effective once the person who creates it is deceased.
Advance Health Care Directive
Under the Advance Health Care Directive, you grant a health care agent the ability to make health care decisions for you when you are no longer able to make such decisions for yourself.
In this document you can set forth your wishes about medical care and treatment, and the disposition of your remains (e.g., organ donation, burial, cremation, etc.).
In addition to the Health Care Directive Document, we include a pre-filled HIPAA form that authorizes your agents to share medical information on your behalf.
Tangible Personal Property Memorandum
The letter of instruction regarding tangible personal property we provide is a template for you to designate gifts of your tangible personal property (e.g., art, jewelry, furniture, collectibles, memorabilia, equipment, household goods, etc.).
When completing this form, you must sufficiently name and identify each beneficiary and sufficiently describe in detail the property the beneficiary is to receive.
Sample Asset Transfer Letter
We include a sample letter to complete and share with financial institutions, title insurance companies, brokerages, and other companies that you will have to contact in order to transfer assets to the name of your newly created Trust.
Your Trust document will not function properly unless substantially all of your assets are properly owned by the Trust.
General Assignment of Assets
Similar to the Pour-Over Will, a General Assignment of Assets functions as a back stop if you forget to transfer assets into the Living Trust during your lifetime.
The goal is to get assets retitled, but at the very least, the General Assignment establishes the intent for all property (other than specific categories) to be in the Trust.
It also works for property that does not have an official title document to update ownership; such as furniture, clothing, jewelry, etc.
A Trust Certification provides third parties with assurances that the trustees have the power to buy, sell, borrow, or conduct financial transactions in the name of the Trust.
It also helps verify that certain assets are indeed owned by the Trust, and it can prevent the hassle of needing to provide samples of the actual Trust document to verify this information.
Letter of Wishes
A Letter of Wishes can be used in tandem with your Trust document to provide additional guidance to the trustee regarding how the Trust assets are controlled and distributed.
A Letter of Wishes often includes specifications about distributions, education, housing, entrepreneurial support, and any additional intent on behalf of the settlor.
Medical Authorization for Minor Children
A Medical Authorization for Minor Children is a written document authorizing another adult to make health care decisions for your minor child.
This document may be used when a grandparent, aunt, uncle, nanny, babysitter, or family friend may be taking care of your child, and you wish to grant them authority to make medical decisions in the event of an emergency.