Tansey Estate Planning

Protecting You and Your Loved Ones

Estate Planning Documents

Revocable Living Trust

Revocable: You can change the terms of the trust or even cancel the trust.

Living: The Trust is created during your lifetime.

Trust:

Pour-Over Will

Durable Power of Attorney for Financial Matters

Advanced Health Care Directive

The Advanced Health Care Directive serves four purposes:

Assignment of Property to Revocable Living Trust

This document expresses your intent to transfer property that is titled in your own name to be transferred to your Revocable Living Trust. This should be considered only as a backup to actually transferring title of your property to your Revocable Living Trust. The Assignment can be used in a court proceeding called a Heggstad Petition that transfers property that is not titled in the name of your Revocable Living Trust to that trust without a probate.

This document is operates during Stage 3 when the first spouse of a married couple dies, and Stage 4 when an unmarried individual or the surviving spouse of a married couple dies.

Property Agreement for Married Couples

This document converts all jointly owned property, such as joint tenancy property, to community property. Property held in joint tenancy is transferred to the surviving joint tenant under the operation of law. This means that the Revocable Living Trust does not operate on joint tenancy property. The Property Agreement is one step that must be taken, so all jointly held property can be transferred to your Revocable Living Trust.

This document operates in Stage 1 of your estate planning.

Certificate of Trust (Privacy Affidavit)

This document demonstrates that the Revocable Living Trust is in force, and the Trustee is acting on behalf of the Trust. This allows the Trustee to manage the trust property without disclosing the personal and confidential provisions of your Revocable Living Trust to third parties.

This document is used during all four Stages of your estate planning.

Authorization to Release Confidential Medical Information (HIPAA Authorization)

The Health Insurance Portability and Accountability Act (HIPAA) prevents medical providers, such as doctors and hospitals, from releasing your private medical information to any third party. However your successor Trustees and your Agents under a financial or health care durable power of attorney might need this information, so they can act on your behalf. This document authorizes health care providers to release your confidential medical information to persons you designate, so they can act on your behalf.

This document is used during Stage 2 of your estate plan.

Nomination of Conservator

In the unlikely event that you need either a conservator of your person or your estate, your can nominate the persons to serve in those capacities in advance of that need. A conservator is a person who is granted legal authority by a court over your person or your estate.

This document is used during Stage 2 of your estate plan.

Nomination of Guardians for your Minor Children

Your minor children cannot make legal decisions for themselves. This document allows you to designate individuals to have the legal authority to raise your children, if you are deceased. It also gives the guidelines to raise your children according to your beliefs.

The Nomination of Guardians could be created in your Will or a separate document.

This document is operates during Stage 4 when an unmarried individual or the surviving spouse of a married couple dies.