4. Gather all information needed to create your plan
Consult those closest to you to help make optimum
decisions
Share information with trusted advisors
Review and execute documents and provide them
to executors or trustees.
5. California laws of intestate succession are used to
determine who will inherit your estate.
As a “community property” state, transfer of
property, even when a will or trust is in place, can
be more complicated requiring good professional
advice.
Examples of distribution of decedents property
according to California intestacy laws.
6. Will: A written legal document signed and witnessed
directing the distribution of your property.
Living Trust: A legal document to which ownership of
property is transferred and a trustee is appointed and
which distributes your property according to the terms
created in the trust.
Which is best for me? Will or Living Trust?
7. The unintended consequence of intestacy or a poorly
or incorrectly drafted will or living trust.
How to avoid Accidental Inheritance:
Gather all pertinent information accurately
Consult with family and friends if appropriate
Consider all personal passions and legacy giving
Consult with trusted professional advisors when
drafting documents.
8. Current Will or Living Trust
Durable Power of Attorney for Finances
Durable Power of Attorney for Healthcare
Proper Distribution of Real Estate and
Retirement Funds
Use of Insurance
Legacy Gifting Options
9. Wills and trusts are “living” documents requiring
periodic review and updating
What is a codicil?
Trust titling and “pour over will”
Trustee and Executor selection and periodic review
10. Avoid fraud or misrepresentation
Legal authority to manage your property under
defined circumstances
Able to choose best representative while
competent to do so
11. Two primary documents:
Durable Power of Attorney
Living Will
Combined into an Advanced Directive document
12. How Real Estate and Retirement Plans are
transferred at death:
By title
By beneficiary designation
By will or trust
Tax trap for transfer of retirement assets
13. Long Term Care Insurance
Life Insurance
Annuities
Cost – Benefit Analysis
14. Why A Legacy Gift?
Life Income Gifts
Charitable Trusts
Bequest Giving
Gifting Through Titling of Assets
15. Personal information on you and your family
Define your estate planning goals
Take inventory of your current situation
Select person for role as Healthcare Power of Attorney
Select person for role as Financial Power of Attorney
Take inventory of assets: real estate, bank accounts,
investments, and personal property
Take inventory of liabilities: mortgages, vehicles, credit
card accounts, loans and other debts
Estate Plan details
16. Complete the workbook accurately.
Engage professional advisors, especially if you have
unique assets, blended family issues, or specific
questions.
Contact your charities of choice about legacy
gifting. Call me with specific questions about
legacy gifts in general or gifts to Marymount
College or the Peninsula Seniors.
17. Tom Zajac
MARYMOUNT COLLEGE
Major/Planned Gifts Officer
Development
30800 Palos Verdes Drive East
Rancho Palos Verdes, CA 90275
Ph. (310) 303- 7625, Fax: (310) 303-7284
Email: tzajac@marymountpv.edu