Beneficiary Questionnaire Kit
for Your State
This kit includes tools to help you to identify the beneficiaries you wish to name under your will.
Before you can begin to draft your will, you must first understand fully to whom you wish to assign your assets. This kit will help you to determine both who you would like your beneficiaries to be and what specific property you will leave to each beneficiary through your will. It includes an explanation of the various methods that you may use to leave gifts to your beneficiaries, as well as a beneficiary questionnaire which you will use to actually make the decisions regarding which beneficiaries will receive which property.
Included in this kit are the following:
• Rules and Information Regarding Naming Beneficiaries under Wills
• Beneficiary Questionnaire
Included in this kit are the following:
• Rules and Information Regarding Naming Beneficiaries under Wills
• Beneficiary Questionnaire
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Wills - Beneficiary Questionnaire
This Packet Includes:
1. Information
2. Rules and Information Regarding Naming Beneficiaries
Under Wills
3. Wills - Beneficiary Questionnaire Kit
Information
Wills - Beneficiary Questionnaire Kit
This kit includes tools to help you to identify the beneficiaries you wish to name under your will.
In this kit you will determine both who you would like your beneficiaries to be and what specific property you will leave each beneficiary in your will. First, there is a brief discussion regarding who may be a beneficiary. Next, there is an explanation of the various methods that you may use to leave gifts to your beneficiaries. Finally, there is a Beneficiary Questionnaire that you will use to actually make the decisions regarding which beneficiaries will receive which property.
Note: You may wish to consult the laws of your state regarding the preparation, validity, and operation of wills. For a brief overview of these laws, please visit our State Law Digest. For your convenience, links to the digest are provided in Appendix A
Rules and Information Regarding
Naming of Beneficiaries under Wills
Wills - Beneficiary Questionnaire
Who May Be a Beneficiary?
Any person or organization who receives property under a will is termed a beneficiary of that will. Just as there are certain requirements that the person signing the will must meet, there are certain requirements relating to who may receive property under a will. These generally, however, are in the form of negative requirements. Stated in another way, this means that any person or organization may receive property under a will unless they fall into certain narrow categories of disqualification.
Besides these few exceptions noted below, any person or organization you choose may receive property under your will. This includes any family members, the named executor, illegitimate children (if named specifically), corporations, charities (but see below on possible restrictions), creditors, debtors, friends, acquaintances, or even strangers.
The few categories of disqualified beneficiaries are as follows:
• An attorney who drafts the will is generally assumed to have used undue influence if he or she is made a beneficiary
• Many states disqualify any witnesses to the execution of the will. Check the State Law Digest to see if your state has this restriction. However, to be safe, it is recommended that none of your witnesses be beneficiaries under your will
• A person who murders a testator is universally disqualified from receiving any property under the murdered person’s will
• An unincorporated association is typically not allowed to receive property under a will. This particular disqualification stems from the fact that such associations generally have no legal right to hold property
A few states also have restrictions on the right to leave property to charitable organizations and churches. These restrictions are usually in two forms: a time limit prior to death when changes to a will that leave large amounts of money or property to a charitable organization are disallowed and also a percentage limit on the amount of a person’s estate that may be left to a charitable organization (often a limit of 50 percent). The reasoning behind this rule is to prevent abuse of a dying person’s desire to be forgiven. There have been, in the past, unscrupulous individuals or organizations who have obtained last-minute changes in a will in an attempt to have the bulk of a person’s estate left to them or their group. If you intend to leave large sums of money or property to a charitable organization or church, please check the State Law Digest to see if there are any restrictions of this type in force in your state.
Under this same category as to who may be a beneficiary under your will are several points related to marriage, divorce, and children. First and foremost, you are advised to review your will periodically and make any necessary changes as your marital or family situation may dictate. If you are divorced, married, remarried, or widowed, or adopt or have a child, there may be unforeseen consequences based on the way you have written your will. Each state has differing laws on the effect of marriage and divorce on a person’s will. In some states, divorce entirely revokes a will as pertaining to the divorced spouse. In other states, divorce has no effect and your divorced spouse may inherit your estate if you do not change your will. Marriage and the birth of children are also treated somewhat differently by each state. You are advised to review the State Law Digest as it relates to these aspects of your life and prepare your will accordingly.
Your will should be prepared with regard to how your life is presently arranged. It should, however, always be reviewed and updated each time there is a substantial change in your life.
What Types of Gifts May You Make?
There are various standard terms and phrases that may be employed when making gifts under your will. Using these standard phrases, you may make a gift of any property that you will own at your death to any beneficiary whom you choose (remembering the few disqualified types of beneficiaries).
The terms that you use to make any gifts can be any that you desire, as long as the gift is made in a clear and understandable manner. Someone reading the will at a later date, perhaps even a stranger appointed by a court, must be able to determine exactly what property you intended to be a gift and exactly who it is you intended to receive it. If you follow the few rules that follow regarding how to identify your gifts and beneficiaries, your intentions will be clear to whoever may need to interpret your will in the future:
1.
Always describe the property in as detailed and clear a manner as possible. For example: do not simply state “my car;” instead state “my 2002 Buick Skylark, Serial #123456789.” Describe exactly what it is you wish for each beneficiary to receive. You may make any type of gift that you wish, either a cash gift, a gift of a specific piece of personal property or real estate, or a specific share of your total estate. If you wish to give some of your estate in the form of portions of the total, it is recommended to use fractional portions. For example, if you wish to leave your estate in equal shares to two persons, use “I give one-half of my total estate to …” for each party
In your description of the property, you should be as specific and precise as possible. For land, it is suggested that you use the description exactly as shown on the deed to the property. For personal property, be certain that your description clearly differentiates your gift from any other property.
2. Always describe the beneficiaries in as precise and clear a manner as is possible. For example: do not simply state “my son;” instead state “my son, Robert Edward Smith, of Houston Texas.” This is particularly important if the beneficiary is an adopted child.
3. Never provide a gift to a group or class of people without specifically stating their individual names. For example: do not simply state “my sisters;” instead state “my sister Katherine Mary Jones, and my sister Elizabeth Anne Jones, and my sister Annette Josephine Jones.”
4. You may put simple conditions on the gift if they are reasonable and not immoral or illegal. For example: you may say “This gift is to be used to purchase daycare equipment for the church nursery;” but you may not say “I give this gift to my sister only if she divorces her deadbeat husband Ralph Edwards.”
5. You should always provide for an alternate beneficiary for the purpose of allowing you to designate someone to receive the gift if your first choice to receive the gift dies before you do (or, in the case of an organization chosen as primary beneficiary, is no longer in business). Your choice for alternate beneficiary may be one or more persons or an organization. In addition, you may delete the alternate beneficiary choice and substitute the words “the residue” instead. The result of this change will be that if your primary beneficiary dies before you do, your gift will pass under your residuary clause, which is discussed next.
6.
Although not a technical legal requirement, a residuary clause is a recommended addition to your will. With this clause, you will choose the person, persons, or organization to receive anything not covered by other clauses of your will. Even if you feel that you have given away everything that you own under other clauses of your will, this can be a very important clause.
If, for any reason, any other gifts under your will are not able to be completed, this clause takes effect. For example, if a beneficiary refuses to accept your gift or the chosen beneficiary has died and no alternate was selected or both the beneficiary and alternate have died, the gift will be returned to your estate and would pass under the “residuary clause.” If there is no “residuary clause” included in your will, any property not disposed of under your will is treated as though you did not have a will and could potentially be forfeited to the state.
7. A survivorship clause is also a recommended provision for your will. This provides for a period of survival for any beneficiary. The practical effect of this is to be certain that your property passes under your will and not that of a beneficiary who dies shortly after receiving your gift.
Without this clause in your will, it would be possible that property would momentarily pass to a beneficiary under your will. When that person dies (possibly immediately if a result of a common accident or disaster), your property could wind up being left to the person whom your beneficiary designated, rather than to your alternate beneficiary.
8. To disinherit anyone from receiving property under your will, you should specifically name the person to be disinherited, rather than rely upon simply not mentioning them in your will. To disinherit children and grandchildren of deceased children, they must be mentioned specifically. In the case of children born after a will is executed and of spouses of a marriage that takes place after a will is executed, there are differing provisions in many states as to the effect of their not being mentioned in a will. Please see the State Law Digest for information regarding the laws in your particular state. The safest method, however, is to specifically mention anyone to be disinherited. Be sure to clearly identify the person being disinherited by full name. Another legal method to achieve approximately the same result as disinheritance is to leave the person a very small amount (at least $1.00) as a gift in your will. Also, be sure to review your will each time there is a change in your family circumstances. (For more information about changing your will, please see our materials regarding Amending Your Will, available at http://www.findlegalforms.com.)
9. Finally, property may be left to your children in trust using a Children’s Trust Clause. Through such a clause, you may delay the time when they will actually have unrestricted control over your gift. It is not recommended, however, to attempt to delay receipt of control beyond the age of 30. If you wish to leave assets to more than one child, this clause should provide that individual trusts be set up for each child.
If you state your gifts simply, clearly, and accurately, you can be assured that they will be able to be carried out after your death regardless of who may be required to interpret the language in your will.
DISCLAIMER:
FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice. An attorney should be consulted for all serious legal matters. No Attorney-Client relationship is created by use of these materials.
THESE MATERIALS ARE PROVIDED “AS-IS.” FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
Beneficiary Questionnaire
Who Will Receive Which of Your Assets?
Spouse
Spouse
Maiden name
Date of marriage
Date of birth
Address
Current income $ _____________
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Children
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchildren
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Parents
Parent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Parent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Siblings
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependents
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Are There Any Other Relatives, Friends, or Organizations to Whom You Wish to Leave Gifts?
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Are There Any Persons Whom You Wish to Specifically Leave out of Your Will?
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
APPENDIX A
FindLegalForms.com
State Law Digest for Wills
Provided under agreement with copyright holder,
© Nova Publishing Company 2004
(Click on the appropriate state link below)
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ALABAMA
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ALASKA
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ARIZONA
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ARKANSAS
|
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CALIFORNIA
|
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COLORADO
|
|
CONNECTICUT
|
|
DELAWARE
|
|
DISTRICT OF COLUMBIA
|
|
FLORIDA
|
|
GEORGIA
|
|
HAWAII
|
|
IDAHO
|
|
ILLINOIS
|
|
INDIANA
|
|
IOWA
|
|
KANSAS
|
|
KENTUCKY
|
|
LOUISIANA
|
|
MAINE
|
|
MARYLAND
|
|
MASSACHUSETTS
|
|
MICHIGAN
|
|
MINNESOTA
|
|
MISSISSIPPI
|
|
MISSOURI
|
|
MONTANA
|
|
NEBRASKA
|
|
NEVADA
|
|
NEW HAMPSHIRE
|
|
NEW JERSEY
|
|
NEW MEXICO
|
|
NEW YORK
|
|
NORTH CAROLINA
|
|
NORTH DAKOTA
|
|
OHIO
|
|
OKLAHOMA
|
|
OREGON
|
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PENNSYLVANIA
|
|
RHODE ISLAND
|
|
SOUTH CAROLINA
|
|
SOUTH DAKOTA
|
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TENNESSEE
|
|
TEXAS
|
|
UTAH
|
|
VERMONT
|
|
VIRGINIA
|
|
WASHINGTON
|
|
WEST VIRGINIA
|
|
WISCONSIN
|
|
WYOMING
|
Number of Pages16
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#27382
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Wills - Beneficiary Questionnaire
This Packet Includes:
1. Information
2. Rules and Information Regarding Naming Beneficiaries
Under Wills
3. Wills - Beneficiary Questionnaire Kit
Information
Wills - Beneficiary Questionnaire Kit
This kit includes tools to help you to identify the beneficiaries you wish to name under your will.
In this kit you will determine both who you would like your beneficiaries to be and what specific property you will leave each beneficiary in your will. First, there is a brief discussion regarding who may be a beneficiary. Next, there is an explanation of the various methods that you may use to leave gifts to your beneficiaries. Finally, there is a Beneficiary Questionnaire that you will use to actually make the decisions regarding which beneficiaries will receive which property.
Note: You may wish to consult the laws of your state regarding the preparation, validity, and operation of wills. For a brief overview of these laws, please visit our State Law Digest. For your convenience, links to the digest are provided in Appendix A
Rules and Information Regarding
Naming of Beneficiaries under Wills
Wills - Beneficiary Questionnaire
Who May Be a Beneficiary?
Any person or organization who receives property under a will is termed a beneficiary of that will. Just as there are certain requirements that the person signing the will must meet, there are certain requirements relating to who may receive property under a will. These generally, however, are in the form of negative requirements. Stated in another way, this means that any person or organization may receive property under a will unless they fall into certain narrow categories of disqualification.
Besides these few exceptions noted below, any person or organization you choose may receive property under your will. This includes any family members, the named executor, illegitimate children (if named specifically), corporations, charities (but see below on possible restrictions), creditors, debtors, friends, acquaintances, or even strangers.
The few categories of disqualified beneficiaries are as follows:
• An attorney who drafts the will is generally assumed to have used undue influence if he or she is made a beneficiary
• Many states disqualify any witnesses to the execution of the will. Check the State Law Digest to see if your state has this restriction. However, to be safe, it is recommended that none of your witnesses be beneficiaries under your will
• A person who murders a testator is universally disqualified from receiving any property under the murdered person’s will
• An unincorporated association is typically not allowed to receive property under a will. This particular disqualification stems from the fact that such associations generally have no legal right to hold property
A few states also have restrictions on the right to leave property to charitable organizations and churches. These restrictions are usually in two forms: a time limit prior to death when changes to a will that leave large amounts of money or property to a charitable organization are disallowed and also a percentage limit on the amount of a person’s estate that may be left to a charitable organization (often a limit of 50 percent). The reasoning behind this rule is to prevent abuse of a dying person’s desire to be forgiven. There have been, in the past, unscrupulous individuals or organizations who have obtained last-minute changes in a will in an attempt to have the bulk of a person’s estate left to them or their group. If you intend to leave large sums of money or property to a charitable organization or church, please check the State Law Digest to see if there are any restrictions of this type in force in your state.
Under this same category as to who may be a beneficiary under your will are several points related to marriage, divorce, and children. First and foremost, you are advised to review your will periodically and make any necessary changes as your marital or family situation may dictate. If you are divorced, married, remarried, or widowed, or adopt or have a child, there may be unforeseen consequences based on the way you have written your will. Each state has differing laws on the effect of marriage and divorce on a person’s will. In some states, divorce entirely revokes a will as pertaining to the divorced spouse. In other states, divorce has no effect and your divorced spouse may inherit your estate if you do not change your will. Marriage and the birth of children are also treated somewhat differently by each state. You are advised to review the State Law Digest as it relates to these aspects of your life and prepare your will accordingly.
Your will should be prepared with regard to how your life is presently arranged. It should, however, always be reviewed and updated each time there is a substantial change in your life.
What Types of Gifts May You Make?
There are various standard terms and phrases that may be employed when making gifts under your will. Using these standard phrases, you may make a gift of any property that you will own at your death to any beneficiary whom you choose (remembering the few disqualified types of beneficiaries).
The terms that you use to make any gifts can be any that you desire, as long as the gift is made in a clear and understandable manner. Someone reading the will at a later date, perhaps even a stranger appointed by a court, must be able to determine exactly what property you intended to be a gift and exactly who it is you intended to receive it. If you follow the few rules that follow regarding how to identify your gifts and beneficiaries, your intentions will be clear to whoever may need to interpret your will in the future:
1.
Always describe the property in as detailed and clear a manner as possible. For example: do not simply state “my car;” instead state “my 2002 Buick Skylark, Serial #123456789.” Describe exactly what it is you wish for each beneficiary to receive. You may make any type of gift that you wish, either a cash gift, a gift of a specific piece of personal property or real estate, or a specific share of your total estate. If you wish to give some of your estate in the form of portions of the total, it is recommended to use fractional portions. For example, if you wish to leave your estate in equal shares to two persons, use “I give one-half of my total estate to …” for each party
In your description of the property, you should be as specific and precise as possible. For land, it is suggested that you use the description exactly as shown on the deed to the property. For personal property, be certain that your description clearly differentiates your gift from any other property.
2. Always describe the beneficiaries in as precise and clear a manner as is possible. For example: do not simply state “my son;” instead state “my son, Robert Edward Smith, of Houston Texas.” This is particularly important if the beneficiary is an adopted child.
3. Never provide a gift to a group or class of people without specifically stating their individual names. For example: do not simply state “my sisters;” instead state “my sister Katherine Mary Jones, and my sister Elizabeth Anne Jones, and my sister Annette Josephine Jones.”
4. You may put simple conditions on the gift if they are reasonable and not immoral or illegal. For example: you may say “This gift is to be used to purchase daycare equipment for the church nursery;” but you may not say “I give this gift to my sister only if she divorces her deadbeat husband Ralph Edwards.”
5. You should always provide for an alternate beneficiary for the purpose of allowing you to designate someone to receive the gift if your first choice to receive the gift dies before you do (or, in the case of an organization chosen as primary beneficiary, is no longer in business). Your choice for alternate beneficiary may be one or more persons or an organization. In addition, you may delete the alternate beneficiary choice and substitute the words “the residue” instead. The result of this change will be that if your primary beneficiary dies before you do, your gift will pass under your residuary clause, which is discussed next.
6.
Although not a technical legal requirement, a residuary clause is a recommended addition to your will. With this clause, you will choose the person, persons, or organization to receive anything not covered by other clauses of your will. Even if you feel that you have given away everything that you own under other clauses of your will, this can be a very important clause.
If, for any reason, any other gifts under your will are not able to be completed, this clause takes effect. For example, if a beneficiary refuses to accept your gift or the chosen beneficiary has died and no alternate was selected or both the beneficiary and alternate have died, the gift will be returned to your estate and would pass under the “residuary clause.” If there is no “residuary clause” included in your will, any property not disposed of under your will is treated as though you did not have a will and could potentially be forfeited to the state.
7. A survivorship clause is also a recommended provision for your will. This provides for a period of survival for any beneficiary. The practical effect of this is to be certain that your property passes under your will and not that of a beneficiary who dies shortly after receiving your gift.
Without this clause in your will, it would be possible that property would momentarily pass to a beneficiary under your will. When that person dies (possibly immediately if a result of a common accident or disaster), your property could wind up being left to the person whom your beneficiary designated, rather than to your alternate beneficiary.
8. To disinherit anyone from receiving property under your will, you should specifically name the person to be disinherited, rather than rely upon simply not mentioning them in your will. To disinherit children and grandchildren of deceased children, they must be mentioned specifically. In the case of children born after a will is executed and of spouses of a marriage that takes place after a will is executed, there are differing provisions in many states as to the effect of their not being mentioned in a will. Please see the State Law Digest for information regarding the laws in your particular state. The safest method, however, is to specifically mention anyone to be disinherited. Be sure to clearly identify the person being disinherited by full name. Another legal method to achieve approximately the same result as disinheritance is to leave the person a very small amount (at least $1.00) as a gift in your will. Also, be sure to review your will each time there is a change in your family circumstances. (For more information about changing your will, please see our materials regarding Amending Your Will, available at http://www.findlegalforms.com.)
9. Finally, property may be left to your children in trust using a Children’s Trust Clause. Through such a clause, you may delay the time when they will actually have unrestricted control over your gift. It is not recommended, however, to attempt to delay receipt of control beyond the age of 30. If you wish to leave assets to more than one child, this clause should provide that individual trusts be set up for each child.
If you state your gifts simply, clearly, and accurately, you can be assured that they will be able to be carried out after your death regardless of who may be required to interpret the language in your will.
DISCLAIMER:
FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice. An attorney should be consulted for all serious legal matters. No Attorney-Client relationship is created by use of these materials.
THESE MATERIALS ARE PROVIDED “AS-IS.” FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
Beneficiary Questionnaire
Who Will Receive Which of Your Assets?
Spouse
Spouse
Maiden name
Date of marriage
Date of birth
Address
Current income $ _____________
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Children
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Child
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchildren
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Grandchild
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Parents
Parent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Parent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Siblings
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Sibling
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependents
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Other Dependent
Date of birth
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Are There Any Other Relatives, Friends, or Organizations to Whom You Wish to Leave Gifts?
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Name
Relationship
Address
Spouse’s name (if any)
Amount, specific items, or share of estate that you desire to leave
Alternate beneficiary
Are There Any Persons Whom You Wish to Specifically Leave out of Your Will?
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
Name
Relationship
Address
Spouse’s name (if any)
Reason for disinheritance
APPENDIX A
FindLegalForms.com
State Law Digest for Wills
Provided under agreement with copyright holder,
© Nova Publishing Company 2004
(Click on the appropriate state link below)
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ALABAMA
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ALASKA
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ARIZONA
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ARKANSAS
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CALIFORNIA
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COLORADO
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CONNECTICUT
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DELAWARE
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DISTRICT OF COLUMBIA
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FLORIDA
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GEORGIA
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HAWAII
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IDAHO
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ILLINOIS
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INDIANA
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IOWA
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KANSAS
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KENTUCKY
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LOUISIANA
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MAINE
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MARYLAND
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MASSACHUSETTS
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MICHIGAN
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MINNESOTA
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MISSISSIPPI
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MISSOURI
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MONTANA
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NEBRASKA
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NEVADA
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NEW HAMPSHIRE
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NEW JERSEY
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NEW MEXICO
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NEW YORK
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NORTH CAROLINA
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NORTH DAKOTA
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OHIO
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OKLAHOMA
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OREGON
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PENNSYLVANIA
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RHODE ISLAND
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SOUTH CAROLINA
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SOUTH DAKOTA
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TENNESSEE
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TEXAS
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UTAH
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VERMONT
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VIRGINIA
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WASHINGTON
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WEST VIRGINIA
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WISCONSIN
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WYOMING
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