Estate Planning Worksheet Answers save in this browser

Jacobs, Wilson & Onofry · Estate Planning, Elder Law and Real Estate

Estate Planning Worksheet

Completing this worksheet lets us design an estate plan that meets your goals. Everything you enter is strictly confidential. Answer what you can — blanks are fine, and we will fill the rest in together at your appointment. Your answers are held in this browser on your own device as you type; nothing is sent to us until you print or e-mail it. Use Print or save as PDF to produce a copy — your browser's print dialog will also let you save it as a PDF and e-mail it to Info@JWOLawyers.com, or you can mail it or simply bring it with you. If you are e-mailing it, feel free to leave the date of birth and last four digits of your Social Security number blank — we will take those from you in the office.

515 Broad Street, Milford, Pennsylvania 18337 · Phone (570) 904-2098 · Info@JWOLawyers.com · Mon–Fri 8:30 am – 4:30 pm

Our plans are drawn under Pennsylvania law. If you also own property in New York, New Jersey or another state, say so — a second state's law reaches the real estate located there.

01

Who is planning

Step 1 of 13

Unmarried partners have no elective share, marital deduction or intestate rights in each other, and pay Pennsylvania inheritance tax at 15% rather than 0% — it changes the design, so tell us here.

Client onePersonal information

The name most often used to title property and accounts

Other names used to title property and accounts

May be left blank if e-mailing

May be left blank if e-mailing

The Register of Wills of your county of domicile probates the will

Client twoPersonal information

The name most often used to title property and accounts

Other names used to title property and accounts

May be left blank if e-mailing

May be left blank if e-mailing

Leave blank if the same as client one

02

Children and other family

Step 2 of 13

Use full legal names. Under Whose, enter Both if you are both parents, C1 or C2 if only one of you is, or the relationship (brother, niece, nephew, friend) for anyone who is not a child.

NameBirth dateWhose / relationshipAddressPhoneDisabledChildrenTheir ages

Names, or "both deceased". Tell us if you do or do not intend to provide for them.

Names, or "both deceased". Tell us if you do or do not intend to provide for them.

Pennsylvania protects a spouse's elective share of one third, but children may be left out if that is your wish and the will says so plainly.

03

Your advisors

Step 3 of 13
RoleNameTelephoneFirm / e-mail
Personal attorney
Accountant
Financial advisor
Life insurance agent
Primary care physician
04

Your concerns

Step 4 of 13

Rate each item: High, Some, Low, or N/A. Where the two of you differ, that is useful for us to know.

ConcernClient oneClient two
Getting affairs in order — a plan for death or disability
Providing for and protecting a spouse or partner
Providing for and protecting children
Providing for grandchildren, nieces or nephews
Leaving a family member out of the plan
Providing for charities at death
Transfer and survival of a family business or farm
Reducing Pennsylvania inheritance tax — 4.5% to children, 12% to siblings, 15% to others
Avoiding or reducing federal estate tax
Avoiding probate and reducing administration costs
Avoiding a guardianship proceeding during incapacity
Avoiding will contests or family disputes
Protecting assets from lawsuits or creditors
Keeping your affairs private
Planning for a beneficiary with disabilities or special needs
Protecting an inheritance from a beneficiary's divorce
Protecting an inheritance if the survivor remarries or repartners
Long-term care, nursing home costs and Medicaid planning
Keeping the family home or camp in the family
Coordinating property owned in more than one state
Not having your death prolonged by artificial means
05

Important family questions

Step 5 of 13
Is either of you receiving Social Security, disability or other government benefits?
Is either of you making payments under a divorce or property settlement order? Please furnish a copy.
Have you signed a pre-marital, post-marital or cohabitation agreement? Please furnish a copy.
Has either of you been widowed? If an estate or inheritance tax return was filed, please furnish a copy.
Has either of you ever filed a federal gift tax return?
Has either of you signed a prior will, trust, power of attorney or other estate planning document? Please furnish copies.
Was any prior will or trust drawn under the law of another state?
Do you support charities you wish to provide for at death?
Have you lived while married in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin?
Is either of you currently the beneficiary of anyone else's trust?
Does any child or other beneficiary have special educational, medical or physical needs?
Does any beneficiary receive government support or benefits?
Do you provide primary or major financial support to an adult child or anyone else?
Has either of you served in the armed forces? Veterans' benefits can affect long-term care planning.
06

Real estate

Step 6 of 13

Why this section is longTitling decides where real estate goes

A will cannot override how a deed is titled. Property held by spouses as tenants by the entireties, or by anyone with a right of survivorship, passes to the survivor no matter what the will says — and Pennsylvania has no transfer-on-death deed, so real estate here either passes by survivorship, through probate, or from a trust. Under Titled as use: C1 — client one alone · C2 — client two alone · TBE — tenants by the entireties (married) · JT — joint with right of survivorship · TIC — tenants in common · Trust · LLC · ? if you are not sure. If you have the deed, bring it.

Address or descriptionCounty & stateUseTitled asMarket valueLoan balance

Under Use: residence, second home, camp, vacant land, rental, timeshare, farm, commercial.

Book and page, or the county courthouse where recorded

Common in Pocono communities — name the association and any dues owed

Note whether the rights were severed from the surface, and any royalty income

Give the date — transfers within five years affect Medicaid eligibility

Is any property rented out or producing income?
Is any property held in an LLC, partnership or corporation?
Do you want the family home or camp kept in the family rather than sold?
07

Other property

Step 7 of 13

How to complete this sectionOwnership matters more than value

Skip any heading you own nothing under, and use the notes fields for anything that does not fit. Under Owner use: C1 — client one alone · C2 — client two alone · JT — the two of you jointly · JTO — jointly with someone else (name them) · ? — if you are not sure. Wills and trusts cannot override joint ownership or a beneficiary designation, which is why titling is the first thing we look at.

Bank and savings accounts

Checking, savings, certificates of deposit, money market. Do not list IRAs or 401(k)s here. If an account is held for the benefit of a minor, say so and name the minor.

Institution and account numberTypeOwnerBalance

Non-qualified investments — stocks, bonds, brokerage accounts

Holding or accountAccount numberOwnerValue

Retirement plans

Pension, profit sharing, IRA, Roth, SEP, 401(k), 403(b). These stay in your own name during your lifetime — the beneficiary form is what carries them into the plan, so list who is named now.

Plan and institutionTypeOwnerValueBeneficiaries now

Life insurance and annuities

Company and typeDeath benefitWhose lifeOwnerBeneficiaries now

Description, how titled, value, any loan

List major items separately — jewelry, collections, firearms, antiques — and a lump sum for the rest

Description, whose interest, your ownership share, estimated value, any buy-sell agreement

Debtor, date and maturity of note, who it is owed to, current balance

Credit cards, loans, medical bills, guarantees

Cryptocurrency, business or photo accounts, domains — and who should have access

Summary of values

For jointly held property, enter half in each column. Estimates are fine.

AssetsClient oneClient twoTotal
Real estate
Furniture and personal effects
Vehicles, boats and RVs
Bank and savings accounts
Stocks, bonds and brokerage
Life insurance and annuities
Retirement plans
Business interests
Money owed to you
Anticipated inheritance
Other assets
Less debts
Total
08

People to act for you

Step 8 of 13

Name, address, relationship

Name, address, relationship, in order. An out-of-state executor can serve in Pennsylvania, but tell us where they live.

You will normally be trustee of your own revocable trust. Name a first and a second alternate.

You will normally be trustee of your own revocable trust. Name a first and a second alternate.

Do you want a different trustee to serve during a lifetime disability than the one who serves at death?

Name, relationship, any instructions or limits. Pennsylvania powers of attorney are signed before two witnesses and a notary.

Name, relationship, any instructions or limits

Should your financial agent have authority to make gifts, including gifts to themselves?
Should your agent be able to create or fund a trust, or do Medicaid planning on your behalf?
09

Health care, living will and HIPAA

Step 9 of 13

In Pennsylvania these are two parts of one advance health care directive: a health care power of attorney, naming the agent who speaks for you, and a living will, saying what you want done if you are at end of life or permanently unconscious.

Name, relationship, any instructions. Name alternates too.

Name, relationship, any instructions. Name alternates too.

Authorize your health care agent to take whatever steps are necessary to keep you in a personal residence rather than a nursing home?
On certification by two physicians of a need for psychological or substance treatment, may your agent arrange a voluntary admission?
Living will — provide that the moment of your death not be unnecessarily prolonged by artificial means?
Should tube feeding and artificial hydration be withheld in those circumstances?
Make your organs and tissues available for transplant?
Do you have religious or personal directions your agent and physicians should follow?
Should access be limited, so each person named can see only what their role requires?
Should the HIPAA authorization last more than one year after death?

Who controls funeral and burial decisions, plus any wishes

Funeral home, cemetery plot, pre-need contract or burial reserve

10

How your assets should be distributed

Step 10 of 13

A share can pass outright to a beneficiary, or stay in further trust — to keep an inheritance separate from a beneficiary's own assets and creditors, to protect a beneficiary who receives or may need government benefits, or to hold a young beneficiary's share until an age you choose. We also use per stirpes: a deceased beneficiary's share drops to that person's children before passing to anyone else.

Should personal property be distributed by a written list you prepare later (a personal property memorandum)?

Client one's planWhere the estate goes

For example: half to each son, each share in its own trust, one-third at 25 / one-half at 30 / balance at 35.

Client two's planWhere the estate goes

For example: one-third to my brother and one-third to each niece, each share in its own trust.

Name the beneficiary and the reason — benefits, a creditor problem, a shaky marriage, an addiction, or simply prudence.

11

Long-term care and Medicaid

Step 11 of 13

Answer this section if either of you is over sixty-five, has a health concern, or simply wants to plan ahead. Pennsylvania Medicaid looks back five years at gifts and transfers, so dates matter more than amounts.

Does either of you now need help with bathing, dressing, meals, medication or driving?
Is either of you living in, or on a waiting list for, a personal care home, assisted living or nursing facility?
Has either of you been diagnosed with dementia, Alzheimer's, Parkinson's or another progressive condition?
Do you have long-term care insurance?
Have you made gifts or transferred property — including adding a name to a deed or account — in the last five years?
Is either of you receiving, or applying for, Medicaid, a Medicaid waiver or veterans' benefits?
Does a family member provide care that you would like to compensate?
Is protecting the home from a nursing home lien or estate recovery a priority?

What, to whom, when, and approximate value

Company, daily benefit, benefit period, inflation rider

Social Security, pension, annuity, rental income — for each of you

12

Special needs planning

Step 12 of 13

Complete this section only if a child, grandchild or other beneficiary has a disability or may need government benefits. Money left directly to someone receiving SSI or Medicaid can disqualify them — a supplemental needs trust avoids that.

Does this person receive SSI, SSDI, Medicaid, a waiver program or Section 8 housing?
Is there a guardian of the person or estate, or is one expected to be needed?
Is there already a supplemental needs trust or ABLE account?
Do other family members intend to leave this person money or property?
Should this person's share be equal to the other beneficiaries' shares?

Often a family member with a professional co-trustee

This becomes the basis of a letter of intent

13

Anything else

Step 13 of 13

All information provided is strictly confidential and does not by itself create an attorney-client relationship. Return the completed worksheet to our office before your appointment — save it as a PDF from the print dialog and e-mail it to Info@JWOLawyers.com, mail it to 515 Broad Street, Milford, Pennsylvania 18337, or simply bring it with you. If you e-mail it, you may leave the date of birth and last four SSN digits blank.