Questions to Consider

Before beginning your estate planning journey, taking time to think through key decisions will make the process more efficient and ensure your plan truly reflects your wishes.

This guide was designed to help you consider important choices you'll need to make during the estate planning process - some of these questions may stand out more than others, and some might not be relevant to your life at the moment. That’s OK! This is simply a resource of items for you to consider.

Info Needed During our Call

During the onboarding process, you’ll be asked for specific contact information for those named in your documents. Please have the following information on hand:

  • Full legal names

  • Address

  • Email

  • Phone number

  • Birth dates

General

A few general questions to consider.

  • What are my primary goals for this process?

  • What values do I want to pass on to future generations?

  • Who do I want to name for key roles in my Trust (Guardians of minors, Successor Trustee)

  • Are there any family dynamics (or potential family conflict) that might affect your choices?

  • Do any beneficiaries have special needs or circumstances (adults with addiction or inability to handle finances)?

  • How do I want to be remembered?

Key Roles in Your Estate Plan

Take time to carefully consider who would be best suited for these important roles. These individuals will ideally be people that are responsible and that you trust. You can name the same individual for all roles, or have a different person for each.

Guardian for Minor Children or Adult Children with Special Needs

Your child(ren)'s guardian will raise them if something happens to you and your spouse. While they generally do not have direct access to your children’s inheritance, they can use some of the assets within the Trust so long as it benefits the children’s wellbeing.

Things to consider:

  • Who shares your values and parenting philosophy?

  • Who has the emotional and financial capacity to raise additional children?

  • Where do they live? Would your children need to relocate and possibly move from the life that they currently know?

  • Have I discussed this responsibility with your potential guardian(s)?

  • Do I want to name backup guardians?

  • Blended families note: generally the other living biological parent would be the main guardian in the event that you pass away. Every situation is different, so it’s best to choose who you believe to be the best for your child.

Successor Trustee

This person will manage your estate after your passing, similar to a CEO of a business. The would approve any expenses to guardians, and distribute assets to your beneficiaries when the time comes.

Things to consider:

  • Who is financially responsible and good at managing money?

  • Who is organized and detail-oriented?

  • Who has the time and capability to handle this responsibility?

  • Should you name co-trustees to share the responsibility or have them serve consecutively?

  • Would a professional trustee be more appropriate?

Financial Power of Attorney

This person manages your finances if you become incapacitated or unable to make financial decisions during your lifetime. Consider:

  • Who is trustworthy and financially responsible?

  • Who lives close enough to handle your affairs?

  • Who understands your financial situation and preferences?

  • Should this be the same person as your successor trustee?

Healthcare Power of Attorney

This person makes medical decisions if you become incapacitated or unable to make medical decisions of your own during your lifetime. Consider:

  • Who knows your healthcare preferences and values?

  • Who can make difficult decisions under pressure?

  • Who can effectively communicate with medical professionals?

  • Who lives close enough to be available quickly?

  • Should this be the same person as your financial power of attorney and/or successor trustee?

Asset Distribution

Primary Beneficiaries

Think about who should inherit or maybe even disinherit your assets:

  • How do you want to divide your estate among beneficiaries?

  • Do you want your children to receive all of your assets?

  • Should anyone else other than your children receive any assets?

  • Should inheritances be distributed outright at a specific age or over time?

  • At what age should beneficiaries receive their inheritance?

  • Do you want to include charitable organizations?

  • How should retirement accounts and life insurance be handled?

Specific Gifts

Consider any particular items you want to give to specific people. Gifts will be:

  • Do you have family heirlooms to pass down?

  • Are there collections (art, jewelry, wine) that should go to specific people?

  • Have you discussed these gifts with the intended recipients?

  • Should any items be sold instead of distributed?

  • Do you want gifts distributed after the first spouse’s passing or after the passing of both?

Additional Considerations

Trust Structure

Survivors Trust: A basic structure where after the first spouse dies, all assets pass to the surviving spouse in a single trust. The surviving spouse maintains full control and can modify the trust. This is best used when estate tax planning isn't a major concern and there's high trust between spouses regarding ultimate distribution of assets.

Marital Trust: Splits into two trusts upon the first spouse's death - one for the survivor's assets and one holding the deceased's assets. The surviving spouse receives income from both but can't change beneficiaries of the deceased's trust portion. This is ideal when you want to ensure assets ultimately pass to specific beneficiaries (like children from a previous marriage) while still providing for the surviving spouse.

Hybrid Approach: Combines elements of both by creating flexibility in how much goes into each trust type after the first death. This allows decisions about trust funding to be made based on circumstances at that time, like tax laws or family needs. It's particularly useful when you want to preserve options for future planning while still maintaining some control over the ultimate disposition of assets.

Personal Details
  • Do I expect to receive an inheritance?

  • Do I have an existing Trust?

  • Were you ever married before?

  • What do I want the name of your Trust to be?

Business Interests

If you own a business (or private company stock):

  • How is the business incorporated? LLC, Corporation, etc.

  • What’s the state of incorporation?

  • What is myyour percentage of ownership?

  • What is the general valuation of my business?

  • Who should take over management?

  • Should the business be sold or transferred to family members?

  • Do I need to create or update your business succession plan?

Digital Assets

Consider your digital property:

  • Who should have access to my digital accounts?

  • How should social media accounts be handled?

  • Where will I store passwords and access information?

Pets

If you have pets:

  • Who would be willing and able to care for them?

  • Should I set aside funds for their care?

  • Have I discussed this with potential caregivers?

Healthcare Wishes
  • What types of life-sustaining treatments would I want or not want? (ventilators, feeding tubes, dialysis, etc.)

  • What are my views on comfort care vs. aggressive treatment?

Next Steps

  1. Discuss these decisions with your spouse or partner

  2. Make preliminary choices for each role

  3. Have conversations with potential guardians, trustees, and powers of attorney to make sure they are up for the role

  4. List any specific gifts you want to make

  5. Gather information about your assets and accounts

  6. Write down any questions that arise during this process

It's okay to use placeholders if you're unsure about certain decisions. Your estate plan can be updated as your circumstances and choices evolve.

Take your time with these decisions. Having thought through these aspects in advance will help you create an estate plan that truly reflects your wishes and provides for your loved ones in the way you intend.