Estate Planning

30 Estate Documents to Have in Place

Live well, leave well. Plan your estate for your loved ones — and plan your legacy for yourself.

The Essentials
Will

The last will and testament is the document that outlines an estate owner’s directives for the administration and distribution of assets to heirs and designated beneficiaries at the end of life.

Letter of Instruction

A letter of instruction (“LOI”) accompanies an estate’s trust or will documentation, providing additional information about end-of-life financial plans and the value and disposition of assets.

Trust Documents

The formation of a trust is accompanied by directives guiding designated trustee administration of living trust transfers, investments, tax filing, and final distribution or liquidation of assets and real property.

Financial Power of Attorney

The designation of financial power of attorney (“POA”) as part of an account agreement, estate, trust, or will provide an agent proxy for financial decision-making on behalf of the account holder.

Marriage and Divorce
Marriage License

The official documentation of a marital union and the marriage license evidences the full legal entitlement of a surviving spouse in matters or estate or trust transfers of assets and property.

Divorce Papers

Depending on the state jurisdiction where an estate is registered, divorce papers and the court record of a terminated marital union determine surviving spousal rights to the estate or trust asset transfers.

Military Documents (DD214)

A record of U.S. Department of Defense military personnel status entitles an estate owner, spouses, and children to specified benefits, including federal tax exemptions on gifts and transfers.

Healthcare Confidential
Personal and Family Medical History

A record of personal and family medical history is confidential documentation that can be included within an estate owner’s living will directives for medical informed consent decisions.

Durable Health-Care Power of Attorney

For a family member to make medical informed consent decisions on behalf of an incapacitated loved one, durable healthcare power of attorney is accorded by advance directive or a court.

Authorization to Release Health-Care Information

Authorization to release healthcare information is a medical informed consent agreement decision that can be made directly by a patient or on their behalf by an agent with a healthcare proxy.

Do-Not-Resuscitate Order

An element of a medical informed consent agreement giving permission on behalf of a patient, a do-not-resuscitate order is a living will directive that denies life-sustaining intervention in the case of incapacitation.

Living Will

The living will is a document containing advance directives for emergency medical procedures and end-of-life care. It is intended to fulfill a patient’s healthcare treatment preferences for a medical informed consent agreement.

Proof of Ownership
Housing, Land and Cemetery Deeds

Deeds are records of real property, land, cemetery plot ownership, and the right to estate transfer. Deed transfer is performed by filing with the county clerk’s office of record.

Escrow Mortgage Accounts

Escrow mortgage accounts are considered estate value if an outstanding balance is owed to a trust; otherwise, those monies are lender-attached by way of institutional agreement.

Proof of Loans Made and Debts Owed

A record of loan and debt transactions permits an executor or trustee to determine the full account value and obligation for the distribution of assets when an estate becomes effective.

Vehicle Titles

The record of automobile or other vehicle title, is evidence of ownership for transfer at the time of sale or auction by an estate, trust, or will.

Stock Certificates, Savings Bonds and Brokerage Accounts

Brokerage accounts, securitized contracts, and savings bonds comprising an estate or trust portfolio provide a record of transactions, expiry dates, and conversion rights.

Partnership and Corporate Operating Agreements

Estate-transferred businesses, partnerships, and corporate operating agreements are records of ownership rights, shareholder rights, and financials reflecting activity and income.

Tax Returns

Estate or trust entity income tax filer records from the federal Internal Revenue Service (“IRS”) and state tax board are critical documents for administration, audit, and probate.

Life Insurance and Retirement
Life Insurance and Retirement

Life insurance policies are safe-haven assets that can be held in an estate owner’s trust account for future distribution to beneficiaries after the insured’s death.

Individual Retirement Accounts

Federal tax-exempt individual retirement accounts (“IRAs”) permit annual income transfer at a higher than savings rate for future designation as a retirement fund or future designated beneficiary trust fund.

401(k) Accounts

Employer contribution 401(k) account documents record individual or joint tenant retirement accounts set up to maximize tax-exempt savings and future transfer to an estate trust.

Pension Documents

Another form of retirement account is pension documents coinciding with contributed funds, which are required for transfer or disbursement when those agreements occur.

Annuity Contracts

Life insurance-attached annuity contracts are an estate trust investment vehicle that affords the benefit of tax-exempt income while still alive and transfers to beneficiaries on death.

Bank Accounts. Social Media
List of Bank Accounts

A list of bank accounts is a crucial document for an executor or trustee administration. Bank account information can include the account holder’s credentials and authorized fiduciary contact at each institution.

List of all User Names and Passwords

The list of all usernames and passwords corresponds to online digital accounts and profile assets, and it is advisable to retain it as part of an estate.

List of Safe-Deposit Boxes

A list of safe deposit boxes with bank or other institutional locations should also include the box holder’s name listed on the agreement and authorized fiduciary contact.

Cryptocurrency Information

Intelligent contracts or cryptocurrency information are part of a trust fund portfolio of assets. They are blockchain transaction agreements for the convertible exchange of value or transfer when an estate becomes effective.

Electronic Assets, Royalties
Online Assets

Estate owners can designate an authorized user to manage or close online accounts once they are deceased. Financial digital assets can be transferred with the assistance of a fiduciary.

Royalty Assets

Estate transfer of intellectual property assets affords an artist or inventor full benefit from the sale or use of their licensed work and royalty income tax exemption.

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