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Will Questionnaire

WILL QUESTIONNAIRE

Karla Lane Pence
Attorney at Law
121 Spyglass Cove
Cibolo, Texas 78108
(210) 945-4768
Fax (210) 566-1086

IMPORTANT:  A person’s Will governs distribution of property owned (“the estate”) by the person making the Will (“the Testator”) at the time of the Testator’s death. The Will disposes only of the Testator’s property, including his or her separate and community property. A Will does not govern property owned with another person in joint tenancy with rights of survivorship (such as joint bank accounts with right of survivorship), whether that property is real or personal. Also, proceeds of life insurance policies and certain retirement plans and accounts may pass to beneficiaries designated by the owner. If a beneficiary is so designated, the Will does not govern the distribution of the proceeds as part of the estate.

 

1)         State your full name:

2)         I currently reside at:

a.         Street:

b.     State your age  and date of birth

b.         City:
c.     Sex:

c.         County: d.   Zip Code:

d.     Social Security Number: d.         Telephone:  Residence: Work:
 

e.         Email Address:

   

3)         If you are married, state your spouse's full name:

 
First: Middle: Last:  

4)         Names of all Natural and Adopted Children of this Marriage:

5)         Names of all Natural and Adopted Children of any Previous Marriage(s):

Name: Date of Birth: Name: Date of Birth:
Name: Date of Birth: Name: Date of Birth:
Name: Date of Birth: Name: Date of Birth:
   

6)         The Executor is the person who gathers the assets and pays debts of decedent. Spouses often appoint each other as first choice and name an alternate. You can appoint Co-Executors.

Primary Executor(s):            (Indicate whether Co-Executors)

Name: Adress: Phone: Relationship: Co-Executor
Name: Adress: Phone: Relationship: Co-Executor
   

Alternate Executor(s):         (Indicate whether Co-Executors)

Name: Adress: Phone: Relationship: Co-Executor
Name: Adress: Phone: Relationship: Co-Executor
   

7)         Many parents establish a contingent trust to receive and manage any assets left to their children under a certain age. Such a trust is usually simpler to manage than a formal guardianship supervised by the Probate Court, and may be continued beyond age 18 to some later date, such as when the child reaches age 25. If you create such a trust, you should discuss the responsibilities with any person you appoint as Trustee. You can appoint co-trustees. Individuals and certain banks with trust powers may serve as trustees. If you decide to designate a bank as trustee or a successor trustee, you must verify that the bank has the legal power to act as a trustee.  Any bank designated as trustee will require compensation. Individual trustees may or may not be compensated other than for out-of-pocket expenses.

Do you desire to create a contingent trust for each of your children? Yes No

If Yes, complete the following information:

 
a.         Age of child at termination of trust(s):  

b.         Name and address of Trustee(s):  (Indicate whether Co-Trustees)

Name: Adress: Co-trustees

c.         Successor Trustee(s):  (Indicate whether Co-Trustees)

Name: Adress: Co-trustees
   

d.         Do you desire to compensate individual trustees other than for out-of-pocket expenses? Yes No

e.         Do you desire the trust to incur the expense of an insurance bond on the actions of the trustees? Yes No

   

8)         If both parents die leaving children under 18 years of age, a Guardian should be appointed to have custody of the children and safeguard their funds.  Prior to making such appointment, you should discuss with any person appointed as Guardian the responsibilities involved. You cannot appoint Co-Guardians, except for a husband and wife.

Primary Guardian:      Name  Relationship

Alternate Guardian:    Name  Relationship

   

9)         If the net value of your estate, including real and personal property, insurance proceeds, retirement accounts, etc., exceeds certain levels (generally more than $5 million), you may be subject to federal estate taxes and inheritance.

Do you desire to include estate tax planning provisions in your Will? Yes No
   

10)      Generally, most married people with children provide that upon their death the property passes:

1)         To surviving spouse.
2)         If your spouse predeceases you, your property will be divided in equal shares among all your living children.
3)         If your spouse and one of your children predecease you that child's share in your estate is distributed to his or her children (your grandchildren) in equal shares.

If you want your property to pass as described above, check Yes. If you do not wish your property to pass in this manner check No and answer question 13. Yes No

   

11)      Generally, most unmarried persons with children provide that upon their death, their property passes:

1)         In equal shares to all your living children.
2)         If one or more of your children predecease you, that child's share in your estate is distributed to his or her children (your grandchildren) in equal shares.

If you want your property to pass as described above, check Yes. If you do not wish your property to pass in this manner check No and answer paragraph 13. Yes No

   

12)      If the people described in paragraphs 10 and 11 all fail to survive you, describe briefly how you want the property to be distributed:

   

13)      IF PARAGRAPHS 10 OR 11 APPLY TO YOU AND YOU DO NOT WISH YOUR PROPERTY TO PASS IN THE MANNER SET FORTH IN THAT PARAGRAPH, PLEASE DESCRIBE BRIEFLY YOUR ALTERNATIVE PLAN:

   

14)      a.         If you are married or unmarried and presently have no children, list the name(s) and address(es) of the person(s) you wish to receive your property.  (If more than one person is named, property will pass in equal shares to all listed who survive you unless you designate otherwise):

Name: Adress: Relationship:
Name: Adress: Relationship:
   

b.         If all persons listed in #14 a predecease you, list at least one alternate beneficiary.

Name: Adress: Relationship:
Name: Adress: Relationship:
   

15)      Do you want to include a provision stating that if anyone contests your Will, they will receive nothing? Yes No

16)      Do you wish to disinherit your spouse, any child, or any grandchild? If so, you must list their names here, and a specific statement to that effect will be included in your Will:

17)      If there is any information you feel would aid us in preparing your Will, please write it in the space provided below:

   
POWER OF ATTORNEY FOR PROPERTY
1) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
2) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
3) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
MEDICAL POWER OF ATTORNEY
1) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
2) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
3) Name: address: City/State/Zip:
Home Phone: Work Phone:
   

DIRECTIVE TO PHYSICIANS (LIVING WILL)

1) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
2) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
3) Name: address: City/State/Zip:
Home Phone: Work Phone:
   
 

 

Give me a call at (210) 945-4768 or email me at  so we can discuss your needs.  There's never an obligation for our initial consultation so contact me today!