Gay & Lesbian clients- additional items
to discuss at estate planning interview
In the absence of a Will or other legal arrangement to
distribute property at death, an unmarried partner cannot receive any assets
and cannot administer the estate. The result can be lengthy delays and other
problems. Individuals in gay or lesbian relationships need properly drafted
Wills and estate planning documents more than straight persons. The probate
laws generally provide if a person dies without a Will, their property goes to family,
rather than a partner they had a relationship with for years or decades.
Moreover, without a Power of Attorney, they cannot assist a partner who becomes
disabled. If there is not a Living Will, marriage or civil unions, many
hospitals deny admittance if someone is not a next of kin. The parent of the
hospitalized partner may try to ask the hospital to bar the other partner from
visiting. We recommend preparation of Wills, Living Wills and Powers of
Attorney.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
"CONFIDENTIAL WILL QUESTIONNAIRE"
Please fill out completely and fax or
mail back. This form is extremely important. Your accuracy and completeness in
responding will help me best represent you. All sections and information must
be filled out prior to sitting down with the attorney.
Please be sure to check all appropriate boxes. If
"NONE", please state "NONE".
If "NOT APPLICABLE",
please state "N/A" or none.
PLEASE PRINT CLEARLY
1.
Your Full Name:
_____________________________________________
2. IF MARRIED OR SEPARATED, complete (a) and
(b) below:
(a)
Spouse's Full Name:
______________________________________________ _________
First
Last
3. Your Street Address:
____________________________________
City
_______________________ State ____ Zip
Code ______________
4. Telephone Numbers:
Cell:
_______________________________
________________________
Day:
____________________/Night: ________________________
5. E-mail address:
_______________________________________
6.
Referred By: ___________________________________________
If
referred by a person, is this a client or attorney? If you heard about the law office on the Internet,
what search terms did you use?
7.
Today's Date ____________________
We recommend a Durable Power of Attorney
in the event of your physical
or
mental disability to help you with financial affairs?
Yes
________ No ________
We recommend a Living Will telling hospitals and doctors not to prolong your life
by artificial means, i.e. Terri Schiavo; Karen Quinlan?
Yes
________ No ________
Confidential Will Q
Rev 2/5/15
How
can we help you? What are your questions/other important information?
_______________________________________________________________________
_______________________________________________________________________
[It is required by Court Rules that all
pages be filled out in person's own handwriting prior to seeing the attorney]
8. Your Marital Status: [ ] Single [ ]
Married [ ] Separated
[ ] Divorced [ ] Widowed
[ ] Domestic Partner
9. Your Day/Month of birth:
___________________
10. Spouse Day/Month of birth: _________________
11. If you are the parent or legal guardian of a
minor child or minor children, please check here. [ ]
2.
ESTATE EXECUTOR
The person charged with
administering/Probating your estate, paying taxes and/or other debts,
preserving, managing, and distributing estate assets and property is called an
Executor. This person should be one in whom you have trust and confidence. Your
SPOUSE is usually named as primary Executor, followed by the child who lives
closest to your home.
Please provide the following
information about the person you wish to name to serve in this capacity.
1.
PRIMARY Choice of Executor/Personal
Representative in Power of Attorney:
Name:
_________________________ ______________________________
First Last
Relationship:
_______________ Address: ________________________
2.
SECOND Choice of Executor/Personal
Representative in Power of Attorney:
This individual will serve in the event
that the primary executor/personal representative is not alive at the time of
your death, or is unable to serve.
Name:
_________________________ ______________________________
First Last
Relationship:
_______________ Address:
_____________________________
The
two proposed Executors must be filled out prior to meeting the attorney. We do
not recommend Joint Executors, which often cause conflicts and additional work
for the Estate. It is best to select one primary person, then a secondary
person.
Asset Information- Must Be Completed
- If none, write
“none”
House/Real
Estate Address _________________________________________
Estimate
Total Real Estate Value:
_____________ Approx mortgage _________
Bank
Accounts, Stocks, CDs and Assets: _______________________________
Approximate
Amount ______________________________________________
Direct
Beneficiaries of Accounts - If none write "none"
____________________
Other
Major Assets - If none, write
"none" _____________________________
Approximate
Life Insurance:
_________________ Beneficiary _____________
In
the Will- Who do you want to get your assets:
Beneficiary
(1) _______________________ Relationship _______________
Beneficiary
(2) _______________________ Relationship _______________
Beneficiary
(3)
_______________________ Relationship _______________
It
is required that assets and beneficiaries be filled out prior to seeing the
attorney
Any
Specific Bequests of Money and Property:
______________________________________________________________
______________________________________________________________
[ ]
A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
Generally most
married people provide that, upon their death, property will be distributed as
follows:
1. Your estate (all property and assets
not owned jointly with another person) will be distributed to your surviving
spouse.
2. If your spouse predeceases you, then
your estate will be divided in equal shares among all of your living children,
If any child shall predecease you, then that child's share to their children
(grandchildren).
Names
of Children: ______________________________ Age: _____
_______________________________ Age:
_____
LIST THE NAMES AND AGES OF ALL CHILDREN
EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no minor children,
skip page 5.
III. GUARDIAN(S) OF MINOR CHILD(REN)
[Skip
this section if you have NO minor children and DO NOT want a trust. There are
substantial additional fees for preparation of a Trust]
The
surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of
that child. In the case of simultaneous death of you and your spouse, or if you
are a single parent, you should appoint a Guardian for your minor child. It is
advisable, prior to the completion of this Questionnaire, to make sure that
your proposed Guardian(s) is (are) willing to serve as Guardian(s). In
addition, the Guardian will also hold the monies for the minor children UNLESS
you direct us otherwise. In your Will you can have any adult serve as Trustee
of monies for minor children.
Provide the following information about
the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse
predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):
1. PRIMARY
Choice of GUARDIAN / TRUSTEE:
Full
Name: _______________________________________
Relationship:
______________________________________
2. SECOND
Choice of GUARDIAN / TRUSTEE:
Full
Name: _______________________________________
Relationship:
_____________________________________
Are there any beneficiaries with special
needs, or receiving SSI or SDD? Please answer in detail
________________________________________
Are you or any of your Beneficiaries are not United States citizens? _______
If
not US citizen, extra taxes apply.
Do
you have any religious wishes on burial? ___
[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR
GRANDCHILD(REN).
Generally
most married people with no child(ren) or grandchild(ren) provide that upon
their death their property will be distributed as follows:
1.
Your estate (all property and assets not owned jointly with another person)
will be distributed to your surviving spouse, but
2.
If your spouse predeceases you, then your estate will be distributed to your
living parent, or equally to your living parents.
3.
But should both of your parents predecease you, then your estate will
distributed equally to your brothers and sisters or equally to the children of
a predeceased brother or sister.
Please check B above only if you wish
your property distributed precisely and exactly as indicated in section B, 1
through 3, above.
Additional information on Wills, Probate
and Elder Law available at www.njlaws.com
[ ] C. DIVORCED OR WIDOWED PERSONS WITH
CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons
with child(ren) or grandchild(ren) provide that upon their death property will
be distributed as follows: 1. Your
estate (all property and assets not owned jointly with another person) will be
distributed in equal shares to all of your living child(ren).
2. But if one or more of your children
predeceases you, that deceased child's share will be distributed to his or her
child(ren), your grandchild(ren) in equal shares
[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or
divide your estate among several individuals by listing percentages to each,
making sure that the percentages total 100%. You may add additional sheets if
necessary or use the back of this form.
There are additional Will preparation fees if there are gifts, called
specific bequests.
PLEASE
WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we
should be aware. Use back of this page for additional important information:
______________________________________________________________
______________________________________________________________
ESTATE
PLANNING
Your
estate may be subject to NJ Estate Taxation if the total of your assets exceeds
$675,000. If your assets exceed $675,000
and you desire estate planning to avoid or reduce your estate tax or require a
Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address
estate tax issues. We do not do Federal Tax Planning or Medicaid Nursing Home
Planning.
WILLS:
T
1- Parents with minor children and trust for children ____________
T
2- Parents no spouse
____________
T
3- Unmarried ____________
T
4- Parents without trust ____________
T
5- Spouse/ Children Trust if assets over $1 million? ____________
PAYMENT
WILL BE MADE BY: (Please circle
one)
Check,
Credit Card (Visa, Mastercard, American Express) or Cash
Checks are payable to Vercammen PC
Payment is required for Will, Power of
Attorney and other document preparation at the first consult and prior to any
documents being drafted. Minimum fee for Last Will and Testament preparation is
$200 each. We charge a $150.00 consultation fee, which is credited to the
preparation of the Will or other document. This $150.00 fee is non-refundable
even if the documents are not prepared. If there are any changes to a draft
Will, Power of Attorney, or other document, there will be a minimum charge of
$75.00 per revision. The Will needs to be signed within 21 days of initial
consult or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Trusts are
minimum $2,500.
This
form was filled out by:
_________________________
sign name
