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What is the purpose of estate planning?
By understanding the purpose of each document provides the client with a clear prospective of their current needs, enable them to evaluate their assets, liabilities, and overall financial position when determining the most appropriate solutions. Because every individual and family has unique circumstances and goals, there is no one size fits all solution. King Professional Services conducts a personalized, case-by-case assessment to identify each clients' specific needs.
Some of the documents are used while the grantor is alive and others after death.
What is the purpose of the document?
- Last Will and Testament & Pour-over Will - is a legal document that outlines how a person (grantor/testator) wants their assets and property should be distributed after their death. To name beneficiaries, appoint an executor to manage the estate, designate guardians for minor children, and provide instructions administering the estate. Written instructions to carry out the last wishes of the testator, reduce potential disputes during a stressful time of grief. A Will alone does not avoid probate court, a costly and time-consuming process for family. The court will make the decisions. This document is valid after death and must be witnessed by two unrelated individuals and notarized.
- Power of Attorney (POA) - is a legal document that allows the principal person to assign an agent or attorney, to act on their behalf in financial, legal, business, or personal matters. The authority granted can be broad or limited depending on the terms of the document, either effectively immediately or under specific circumstances. This document is valid while alive and must be notarized. The POA can be provided as proof along with the death certificate to some authorities after death such as their financial institutions (if listed as a beneficiary on the account, joint account or POD is in place, morgue, etc.
- Financial POA - a legal document that specifies what your agent is legally authorized to manage of your money, property, handle your bills, manage bank accounts, file taxes, and sell or rent real state when you're unable to handle these responsibilities.
- Health Directive POA- a legal document that specifies what your agent is authorized to manage in regard to your health medical decisions in the event you become incapacitated only.
- HIPPA Authorization form - a formal written document that gives your healthcare provider permission to share your Protected Health Information (PHI) with third parties in the event you become incapacitated. Required to share medical records that falls outside routine treatment, payment, or healthcare operations.
- Durable POA - a legal document that overrides a financial POA immediately if you become mentally and physically incapacitated without interrupted authority.
- Living Trust - is a legal document created while you're alive to place your assets into a managed trust for a seamless transfer to your heir after you pass to bypass a long, public, and expensive court process known as probate. A trust involves three roles to be filled, the grantor, trustee, and successor trustee
- Revocable - bypass Probate
- Irrevocable -
- Transfer on Death Deed - must be recorded with the County's Cleark of Superior Court office where the property is located for a small fee $25 -$50 using a debit/credit card online or in person (I suggest in person). The Georgia Transfer on Death Deed must be self-drafted, witnessed by one individual, and notarized before taking it to the clerk's office. The deed must be recorded while the person is alive and when deceased, the beneficiary listed on the TODD has within 90-days from date of death to file an affidavit in that same county. Note: when it asks for the property description, it must appear the same as on the original deed.
- Affidavit of Survivorship - a legal document used to transfer full ownership of jointly owned property to the surviving co-owner already listed on the original deed at closing (sell of property) papers to avoid probate. This removes the deceased person's name from the property title and informs the county, lenders, and title companies that the survivor is now the sole owner. You will need a copy of the death certificate. Note: when it asks for the property description, it must appear the same as on the original deed.
- Business Exit Strategy Plan - same documents as above accept applies to business ownership of finances and property.
Note: The beneficiaries placed on accounts and documents override a WILL
There is a correct order of contact after death.
GET ALL YOUR DOCUMENTS TOGETHER
- Make copies and keep originals ready upon request for viewing.
- If you make contact out of order you will cause either a delay in money or accounts frozen.
ORDER OF CONTACT:
- The funeral home (pick up the death certificate (make several copies) with the cause of death) and DO NOT let the funeral home submit a claim for the life insurance
- Employer (payroll, pension, 401K, death insurance)
- Life Insurance policy(s)
- Couty Superior Court Clerk's Office (TODD) within 90-days of death
- Military (active/retired) you will need a copy of their DD-214 form
- Social Security office (SSI) (if you don't tell SSI and they made a deposit after the time of death....they will deduct that amount from the account or send a bill for immediate reimburse).
- Dept. Motor Vehicle to deregister driver license
- Mortgage or leasing company
- Homeowners insurance
- Financial Institutions such as banks, credit unions, investments, crypto, etc. (should be last after you received the death certificate and examined the bank accounts of scheduled auto withdrawals, etc.)
OTHER CALLS/NOTIFCATIONS:
- Executor, family, and friends
- business associates/partner
- Religious contact/priest
- Passport office
- doctor's office
- health insurance
- car lienholder
- car insurance
- voter registration
- credit cards
- financial advisors
- student loams
- online accounts
- social media accounts
- memberships
- IRS office (last)
NOTES:
- Use any unused airlines or travel rewards (if needed for funeral travel expense)
- Get a copy of health records, insurance card, and a copy of HIPPA authorization form (if incapacitated)
What to have before death?
YOU MUST BE ABLE TO SHARE THIS INFORMATION WITH THE PERSON RESPONSIBLE TO HANDLE YOUR ESTATE BEFORE AND AFTER DEATH.
- Pull all three credit reports and review them to settle debt.
- Review bank statements and identify all automatic withdrawals, subscriptions, recurring payments, etc.
- Assessment of assets and liabilities.
- Write down all login information on every account.
- Determine remaining balances on large, purchased items.
- Update beneficiaries on all policies because beneficiaries override who's in the WILL or TRUST.
- Make a sound decision to file for bankruptcy to eliminate or minimize debt.
- Check for any unpaid taxes and projected taxes due.
- Perform a title search of property and secure those titles.
- Copy necessary keys.
- Determine what debt MUST be paid regardless of death.
Who needs estate planning and why?
It all began with a simple idea fueled by a deep passion. As a small business, we pride ourselves on personal attention and dedication to every detail. Our approach is rooted in quality and integrity, ensuring that everything we do reflects our commitment to excellence.
List of documents that require a notary signature
Many legal, financial, and personal documents may require notarization, depending on state law or the requirements of the receiving organization. Here are some of the most common:
Estate Planning Documents
- Last Will and Testament (in some states or when using a self-proving affidavit)
- Self-Proving Affidavit
- Durable Power of Attorney
- Medical Power of Attorney
- Advance Healthcare Directive
- Living Will
- HIPAA Authorization
- Revocable Living Trust
- Certification of Trust
Real Estate Documents
- Warranty Deed
- Quitclaim Deed
- Mortgage Documents
- Deed of Trust
- Refinancing Documents
- Lease Agreements (when required)
- Affidavits of Property Ownership
Financial Documents
- Loan Agreements
- Promissory Notes
- Affidavits
- Financial Statements
- Debt Settlement Agreements
- Bank Forms requiring notarization
Business Documents
- Articles of Organization
- Corporate Resolutions
- Partnership Agreements
- Operating Agreements
- Vendor or Service Contracts (when required)
- Business Affidavits
- Business Plan Exit Strategy
Family and Personal Documents
- Child Travel Consent Forms
- Guardianship Documents
- Temporary Custody Agreements
- Adoption Documents
- Name Change Documents
- Divorce Settlement Agreements
- Marriage Affidavits
Vehicle Documents
- Vehicle Title Transfers
- Bill of Sale (where required)
- Odometer Disclosure Statements (in some cases)
- Affidavit of Ownership
Affidavits and Sworn Statements
- Identity Affidavits
- Residency Affidavits (example is Proof of School District Residency)
- Affidavit of Heirship
- Affidavit of Support
- Affidavit of Loss
- General Affidavits
Government and Legal Documents
- Passport Parental Consent Forms
- Immigration Forms (where notarization is permitted or required)
- Court Affidavits
- Certified Statements
- Oaths and Jurats
Healthcare Documents
- Medical Consent Forms
- Caregiver Authorization Forms
- Organ Donation Documents (where applicable)
Important: Not every document must be notarized. Whether notarization is required depends on your state's laws and the requirements of the agency, court, lender, or organization receiving the document.
Beyond the ordinary
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