Estate Planning Questionnaire for Retained Clients

Thank you for choosing our office to assist with your estate planning. We are excited to work with you in preparing a plan that meets your needs and wishes.

To get started, we have provided a questionnaire form for you to complete. Please take your time to carefully review and fill out the form, as the information you provide will be essential for creating your estate plan.

If you have any questions while completing the form, feel free to reach out to us. We're here to help every step of the way.

Only use the form below if you are ready to retain,or have already retained our office to assist with your estate planning. If you would like a consultation for estate planning please complete the form in the link below.

Initial Consultation Estate Planning Questionnaire

CONFIDENTIAL QUESTIONNAIRE: The information you provide in the questionnaire is completely confidential and will not be shared with anyone outside of our office.

Name * This field is required.
Phone * Valid phone number required.
Email Valid email address required.
Home Address including zipcode * This field is required.
Your Place and Date of Birth * This field is required.
What is your employer's name
What is your marital status? Married Single Domestic Partnership
If divorced OR widowed, please specify, and include the name of your previous spouse with date of separation
Spouse's Full name (only complete if currently married)
Date an Place of marriage (only complete if currently married)
Spouse's Place and Date of Birth (only complete if currently married)
What is your spouse's employer's name
Are there any children from this marriage? If so, please provide name, date of birth, and city/state of residence
Do you or your spouse have any children from a prior marriage? If so, please provide name, date of birth, and city/state of residence
Identify with name, and city/state of residence, your living parents
Identify with name, and city/state of residence, your spouse's living parents
Identify with name, and city/state of residence, your siblings
Identify with name, and city/state of residence, your spouse's siblings
Do you plan on having (more) children?
How long have you been a resident of California?
How long has your spouse been a resident of California?
Is All Your Property community property (Property and assets acquired while married)
DO you or your spouse own separate property? (Property acquired before marriage, or through inheritance or gift to only one person)
specify what property or assets are separate property and whose
do you have a written agreement regarding separate property or a prenuptial agreement (check all applicable) No none Yes, Prenuptial agreement Yes, agreement regarding separate property
TRUSTEE: The successor trustee manages the trust if you become incapacitated or pass away. For couples, one typically takes over if the other is incapacitated or passes. Who would you like as your successor trustee(s) or co-trustee(s)? * This field is required.
Who will be your first successor trustee?
Who will be your Second Successor Trustee?
Who will be your third Successor Trustee?
EXECUTOR: The executor is responsible for gathering assets and distributing your estate. A "pour-over will" ensures forgotten assets are transferred to your trust, but through a court process. Who would you like as your first executor? * This field is required.
Who is your second choice for your Executor?
Who is your third choice for your Executor?
Nominate a guardian of the person to care for your child's needs and a guardian of the estate to manage inherited money. You may choose co-guardians and an alternate. (Complete only if you have children.) Who is your first choice?
Who is your second choice as guardian?
Who is your third choice as guardian?
An Advance Health Care Directive allows an appointed agent to make health care decisions on your behalf if you become incapacitated: Who is your first choice as your "agent"? * This field is required.
Who is your second choice as your "agent"?
Who is your third choice as your "agent"?
Please state your desires regarding life support, medical treatment, limitations, and organ donation. Use the space below for any additional statements beyond the prepared life support statement.
The Durable Power of Attorney for Finances allows an agent to make financial decisions if you become incapacitated. Please provide your first choice for the agent to handle your financial matters.
Who is your second choice for your financial "Agent?.
Who is your third choice for your financial "Agent?.
The Financial Power of Attorney can be drafted to take effect immediately or "spring" into effect if you become incapacitated. Please specify your preference for when the DPAF should take effect. Yes -- (I/we would like to DPAF(s) to spring into effect only if I/we become incapacitated.) No -- (Instead, I/we would rather have the DPAF(s) take effect immediately after signing.)
You can choose a list of people, including your treating physician, family, or friends, to decide if you're incapacitated. Include their names, addresses, and relationships. The list can be as long or short as you prefer.
Please write the specific number of people on your list who must make a determination about your incapacity. You can choose as few as one person or as many as the number of people on your list
In your power of attorney for finances, it is possible to write a statement about your preference for long term care. Please specify if you would like to include a preference: Assisted Living: Provides help with daily activities such as bathing, dressing, and meal preparation in a residential setting. It's ideal for seniors who need some assistance but do not require 24-hour medical care. Nursing Homes (Skilled Nursing Facilities): These facilities provide 24-hour care for individuals with more severe medical or physical conditions that require ongoing care, including skilled nursing, physical therapy, and personal care. Home Health Care: Services provided in the individual’s home, including medical care (e.g., nursing, physical therapy) and non-medical assistance (e.g., help with dressing, bathing, meal preparation). Hospice Care: Focused on providing comfort and care for terminally ill patients, typically in their own homes, though hospice services can also be offered in a hospice facility or nursing home. Independent Living Communities: Designed for seniors who are generally independent but want the convenience of communal living. These communities often offer amenities like meals, housekeeping, and recreational activities, but provide little to no direct care. OTHER
If you've selected other for your selection above please specify
In the DPAF, you have the option of allowing your agent to change the beneficiaries under any IRAs you may own. Would you like to give your agent this power?
A conservator is appointed by the court to manage your affairs if you're incapacitated. If you have a Revocable Trust and DPAF, it's unlikely you'll need one. Do you want to list your conservator choice in the DPAF?
Who is your first choice for your conservator?
Who is your second choice for your conservator?
Who is your third choice for your conservator?
If you are married, upon the death of your spouse, will your children become your sole beneficiaries?
If you are not married and you have children, please answer the aforementioned question ignoring reference regarding the spouse. Will your children receive equal shares?
What age or ages would you like your children to be before they receive the assets from the trust?
If your children predecease you and leave issue (children), that share will go to your grandchildren unless you would like another arrangement. Please specify your preference
If all your children and their descendants predecease you, the contingent clause gives ½ of the trust estate to each spouse's heirs (parents, siblings, nieces, nephews). Would you like this disposition?
If your children predecease you, would you like the deceased child’s share of money or assets to be held by a custodian for that child’s children (your grandchildren)? Alternatively, the money could be held in trust for the grandchildren
Under the California Uniform Transfers to Minors Act, a custodian can hold property for beneficiaries under 26. Please choose an age between 18 and 25 for the custodian to transfer the money.
The trust adds income to the principal, with the successor trustee using it for the children’s health, education, and support. A Family Pot Trust keeps funds together until children reach a certain age, then divides them. Would you like this?
When do you want the Family Pot Trust to be divided? (e.g., when the oldest child turns 18 years old)
Would you like to instruct the trustee to spend trust money generously for your children's needs, such as building rooms or covering extra childcare, to avoid burdening the guardian?
Would you like a trust that simplifies the Medi-Cal application for long-term nursing home care? We can help with documents to comply with Medi-Cal laws, but the cost will be higher due to complexity and additional paperwork.
Would you like to make specific gifts of personal property or money to anybody? If so, please indicate which gifts you would like to make to which persons.
Does anybody owe you debts? Do you want those debts to be forgiven when you pass away? Identify the debtor, the amount of debt and what will happen to it
Is there anybody who you would like your trustee(s) to pay if you become incapacitated?
The word “issue” refers to children and descendants. Would you like to specify the inclusion or exclusion of half-bloods, adopted children, children born out of wedlock, stepchildren, or foster children in your trust?
Would you like to include your wishes about burial or cremation instructions or about wishes regarding services in your will? Please specify.

Estate Planning Questionnaire for Retained Clients

Downey, California Attorney

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