Issues to consider in developing an estate plan:
  1. Preference for probate (Will) or non-probate (Revocable Living Trust);
  2. Taxability of your estate and options for reducing or avoiding estate tax;
  3. Choice of executor(s) and alternate;
  4. Choice of trustee(s) and alternate;
  5. Choice of custodian(s) of your remains and alternate;
  6. Your wishes for disposition of your remains;
  7. Your wishes for distribution of your estate if:
    • Your spouse does or does not survive you;
    • Your children all survive you or one or more does not survive you;
    • All children or grandchildren are adults or one or more is a minor;
    • All children or grandchildren are abled or one or more is disabled;
    • Your spouse is healthy or needs long term care;
  8. Your wishes for distribution of certain types of assets:
    • Jewelry or collectibles;
    • Other household contents;
    • Vehicles;
    • Real estate;
    • Savings and investments;
    • Life insurance; and
    • Retirement assets;
  9. Choice of Attorney(s)-in-Fact and alternate (under Power of Attorney);
  10. Choice of Health Care Representative(s) and alternate;
  11. Wishes regarding withholding of life support treatment if terminal, etc., Living Will; and
  12. Wishes regarding organ donation upon death.
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