Property Questionnaire Kit

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This questionnaire is designed to help you prepare an inventory of all of your assets and liabilities for use in preparing your will.

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The methods and manners of distribution of your property upon your death using a will are discussed in this kit. Your assets consist of different types of property. It may be personal property, real estate, “community” property, stocks, bonds, cash, heirlooms, or keepsakes. Regardless of the type of property you own, there are certain general rules which must be kept in mind as you prepare your will.

In addition, this kit will help you to prepare an inventory of all of your assets and liabilities. This will allow you to have before you a complete listing of all of the property that you own as you begin to consider which beneficiaries should receive which property.

Included in this kit are the following:

• Rules and Information Regarding Disposition of Property Using Wills
• Property 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 - Property Questionnaire Kit












This Packet Includes:
1. Information


2. Rules and Information Regarding Disposition of
    Property Using Wills
3. Wills - Property Questionnaire Kit



Information
LLC Pre-Organization Kit - Kansas

This kit will help you prepare an inventory of all of your assets and liabilities for use in preparing your will.

The methods and manners of distribution of your property upon your death using a will are discussed in this kit.  Your assets consist of different types of property.  It may be personal property, real estate, “community” property, stocks, bonds, cash, heirlooms, or keepsakes. Regardless of the type of property you own, there are certain general rules which must be kept in mind as you prepare your will.

In addition, this kit will help you to prepare an inventory of all of your assets and liabilities.  This will allow you to have before you a complete listing of all of the property that you own as you begin to consider which beneficiaries should 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
Disposition of Property Using Wills

What Property May You Dispose of with Your Will?

In general, you may dispose of any property that you own at the time of your death.  This simple fact, however, contains certain factors which require further explanation.  There are forms of property which you may “own,” but which may not be transferred by way of a will.  In addition, you may own only a percentage or share of certain other property.  In such situations, only that share or percentage which you actually own may be left by your will.  Finally, there are types of property ownership which are automatically transferred to another party at your death, regardless of the presence of a will.

In the first category of property which cannot be transferred by will are properties that be transferred by will are properties that have a designated beneficiary outside of the provisions of your will.  These types of properties include:

   Life insurance policies
   Retirement plans
   IRAs and KEOGHs
   Pension plans
   Trust bank accounts
   Living trust assets
   Payable-on-death bank accounts
   U.S. Savings Bonds, with payable-on-death beneficiaries

In general, if there is already a valid determination of who will receive the property upon your death (as there is, for example, in the choice of a life insurance beneficiary), you may not alter this choice of beneficiary through the use of your will.  If you wish to alter your choice of beneficiary in any of these cases, alter the choice directly with the holder of the particular property (for instance, the life insurance company or bank).



The next category of property that may have certain restrictions regarding its transfer by will is property in which you may only own a certain share or percentage.  Examples of this might be a partnership interest in a company or jointly-held property.  Using a will, you may only leave that percentage or fraction of the ownership of the property that is actually yours.  For business interests, it is generally advisable to pass the interest that you own to a beneficiary intact.  The forced sale of the share of a business for estate distribution purposes often results in a lower value being placed on the share.  Of course, certain partnership and other business ownership agreements require the sale of a partners or owners interest upon death.  These buy-out provisions will be contained in any ownership or partnership documents that you may have.  Review such documentation carefully to determine both the exact share of your ownership and any post-death arrangements.



The ownership rights and shares of property owned jointly must be considered.  This is discussed below under common-law property states, although most joint ownership laws also apply in community property states as well.  Another example of property in which only a certain share is actually able to be transferred by will is a spouses share of marital property in states that follow community property designation of certain jointly owned property.  The following is a discussion of the basic property law rules in both community property and common-law property states.  The rules regarding community property only apply to married persons in those states that follow this type of property designation.  If you are single, please disregard this section and use the common-law property states rules below to determine your ownership rights.

Community Property States
Several states, mostly in the Western United States, follow the community property type of marital property system.  Please refer to our State Law Digest to see if your state has this type of system.  The system itself is derived from ancient Spanish law.  It is a relatively simple concept.  All property owned by either spouse during a marriage is divided into two types: separate property and community property.

Separate property consists of all property considered owned entirely by one spouse.  Separate property, essentially, is all property owned by the spouse prior to the marriage and kept separate during the marriage; and all property received individually by the spouse by gift or inheritance during the marriage.  All other property is considered community property.  In other words, all property acquired during the marriage by either spouse, unless by gift or inheritance, is community property.  Community property is considered to be owned in equal shares by each spouse, regardless of whose efforts actually went into acquiring the property.  (Major exceptions to this general rule are Social Security and Railroad retirement benefits, which are considered to be separate property by Federal law).

Specifically, separate property generally consists of:



    



All property owned by a spouse prior to a marriage (if kept separate)
   All property a spouse receives by gift or inheritance during a marriage (if kept separate)
   

All income derived from separate property (if kept separate).  In Texas and Idaho, income from separate property is considered community property

Community property generally consists of:

   All property acquired by either spouse during the course of a marriage, unless it is separate property (thus it is community property unless it is acquired by gift or inheritance or is income from separate property)
   All pensions and retirement benefits earned during a marriage (except Social Security and Railroad retirement benefits)
   All employment income of either spouse acquired during the marriage
   All separate property which is mixed or co-mingled with community property during the marriage

Thus, if you are a married resident of a community property state, the property that you may dispose of by will consists of all of your separate property and one-half of your jointly-owned marital community property.  The other half of the community property automatically becomes your spouses sole property upon your death.

Residents of community property states may also own property jointly as tenant-in-common or as joint tenants.  These forms of property ownership are discussed below.

Common-Law Property States

Residents of all other states are governed by a common-law property system, which was derived from English law.  Under this system, there is no rule that gives fifty percent ownership of the property acquired during marriage to each spouse.

In common-law states, the property that you may dispose of with your will consists of all the property held by title in your name, any property that you have earned or purchased with your own money, and any property that you may have been given as a gift or have inherited, either before or during your marriage.

If your name alone is on a title document in these states (for instance, a deed or automobile title), then you own the property solely.  If your name and your spouses name is on the document, you both generally own the property as tenants-in-common, unless the title specifically states that your ownership is to be as joint tenants, or if your state allows, as a tenancy-by-the-entireties (a form of joint tenancy between married persons).  There is an important difference between these types of joint ownership: namely, survivorship.



With property owned as tenants-in-common, the percentage or fraction that each tenant-in-common owns is property that may be disposed of under a will.  If the property is held as joint tenants or as tenants-by-the entireties, the survivor automatically receives the deceased partys share.  Thus, in your will, you may not dispose of any property held in joint tenancy or tenancy-by-the entirety since it already has an automatic legal disposition upon your death.  For example: if two persons own a parcel of real estate as equal tenants-in-common, each person may leave a one-half interest in the property to the beneficiary of their choice by their will.  By contrast, if the property is owned as joint tenants with right of survivorship, the one-half interest that a person owns will automatically become the surviving owners property upon death.

In common-law states, you may dispose of any property that has your name on the title in whatever share that the title gives you, unless the title is held specifically as joint tenants or tenants-by-the entireties.  You may also dispose of any property that you earned or purchased with your own money, and any property that you have been given as a gift or have inherited.  If you are married, however, there is a further restriction on your right to dispose of property by will.

All common-law states protect spouses from total disinheritance by providing a statutory scheme under which a spouse may choose to take a minimum share of the deceased spouses estate, regardless of what the will states.  This effectively prevents any spouse from being entirely disinherited through the use of the common law rules of property: name on the title equals ownership of property.



In most states, the spouse has a right to a one-third share of the deceased spouses estate, regardless of what the deceased spouses will states.  However, all states are slightly different in how they apply this type of law and some allow a spouse to take up to one-half of the estate.  Please check your particular states laws on this aspect in the State Law Digest.  The effect of these statutory provisions is to make it impossible to disinherit a spouse entirely.  If you choose to leave nothing to your spouse under your will or by other means (such as life insurance or joint tenancies), he or she may take it anyway, generally from any property that you tried to leave to others.  The details of each states spousal statutory share are outlined in the State Law Digest.



Some states also allow a certain family allowance or homestead allowance to the spouse or children to insure that they are not abruptly cut off from their support by any terms of a will.  These allowances are generally of short duration for relatively minor amounts of money and differ greatly from state to state.



Thus, the property that you may dispose of by will is as follows:

   In all states: Your share of any of the following property, except property for which a beneficiary has been chosen by the terms of the ownership of the property itself (for example: life insurance or living trusts).

   In community property states: All separate property (property that was brought into a marriage, or obtained by gift or inheritance during the marriage) and one-half of the community property (all other property acquired during the marriage by either spouse).  If you are single, follow the common-law state rules below.

   In common-law states: Your share of all property where your name is on the title document, unless the property is held as joint tenants or tenants-by-the-entireties and your share of all other property that you own, earned, or purchased in your own name.  Please check the State Law Digest for information relating to the spouses minimum statutory share of an estate in your state.



Federal Estate Taxes and State Inheritance and Estate Taxes



Various taxes may apply to property transfers upon death.  In general, there are two main type of taxes: estate taxes and inheritance taxes.  An estate tax is a government tax on the is a government tax on the privilege of being allowed to transfer property to others upon your death.  This tax is assessed against the estate itself and is paid out of the estate before the assets are distributed to the beneficiaries.  An inheritance tax is a tax on property received and is paid by the is a tax on property received and is paid by the person who has actually inherited the property.  The federal government assesses an estate tax.  Various states impose additional estate taxes and inheritance taxes.  Additionally, the federal government and a few states apply a gift tax on property transfers during a persons life.  Nevada is the only state that does not impose any estate, inheritance, or gift taxes.  Basic information regarding each states tax situation is provided in the State Law Digest.

With regard to estate taxes, recent changes in the federal Income Tax Code, as it relates to estate taxes, have released an estimated 95 percent of the American public from any federal estate tax liability on their death.  The current Internal Revenue Service rules provide for the equivalent of an exemption from all estate tax for the first $1 million of a persons assets.  If you are married, both you and your spouse are entitled to separate $1 million exemptions.  The current $1 million figure is scheduled to increase in stages over the next few years: to $1.5 million in 2004; $2 million in 2006; and $3.5 million in 2009.  In 2010, the tax code is scheduled to be repealed altogether.  In addition, all of the value of a persons estate that is left to a spouse is exempt from any federal estate tax.  Even if your particular assets are over this minimum exemption, there are still methods to lessen or eliminate your tax liability.  These methods, however, are beyond the scope of this kit.  Therefore, if your assets (or your joint assets, if married) total over approximately $1 million, it is recommended that you consult a tax professional prior to preparing your will.

State estate taxes are, as a rule, also very minimal or even non-existent until the value of your estate is over $1 million.  Most states estate tax laws are tied directly to the federal estate tax regulations and thus allow for the same level of exemption equivalent from state estate taxes on death if the estate property totals under $1 million.  A few states may impose an additional level of estate tax.  The details of each states estate tax situation are outlined in the State Law Digest.



Less than half of the states impose an inheritance tax on the receipt of property resulting from someones death.  There are generally relatively high exemptions allowed and the inheritance taxes are usually scaled such that spouses, children, and close relatives pay much lower rates than more distant relatives or unrelated persons.





From a planning standpoint, the changes in the federal estate tax have virtually eliminated any consideration of tax consequences from the preparation of a will for most Americans.  Other factors, however, will affect the planning of your will.



Property Questionnaire Instructions

Before you begin to actually prepare your own will, you must understand what your assets are, who your beneficiaries are to be, and what your personal desires are as to how those assets should be distributed among your beneficiaries.

Since you may only give away property that you actually own, before you prepare your will it is helpful to gather all of the information regarding your personal financial situation together in one place.  The following Property Questionnaire will assist you in that task.  The actual process of filling out these questions will gently force you to think about and make the important decisions that must be made in the planning and preparation of your will.

When you have finished completing this Questionnaire, have it in front of you as you prepare your will.



It may also be prudent to leave a photocopy of these questionnaires with the original of your will and provide a copy to your executor, in order to provide a readily-accessible inventory of your assets and list of your beneficiaries for use by your executor in managing your estate.

NOTE:   Determining who your dependents are, what their financial circumstances are, what gifts you wish to leave them, and whether you wish to make other persons or organizations beneficiaries under your will are questions you can answer by completing a Beneficiary Questionnaire, available at http://www.findlegalforms.com.






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Property Questionnaire

What Are Your Assets?

Cash and Bank Accounts

Individual accounts can be left by will; joint tenancy and payable-on-death accounts cannot.

Checking Account    $    
Bank       
Account number       
Name(s) on account       

Checking Account    $    
Bank       
Account number       
Name(s) on account       

Savings Account    $    
Bank       
Account number       
Name(s) on account       

Savings Account    $    
Bank       
Account number       
Name(s) on account       

Certificate of Deposit    $    
Held by       
Expiration date       
Name(s) on account       

Other Account    $    
Bank       
Account number       
Name(s) on account       

Total Cash and Bank Accounts    (A)   $    



Insurance and Annuity Contracts

Life insurance benefits cannot be left by will.

Ordinary Life    $    
Company       
Policy number       
Beneficiary       
Address       

Ordinary Life    $    
Company       
Policy number       
Beneficiary       
Address       

Endowment    $    
Company       
Policy number       
Beneficiary       
Address       

Term Life    $    
Company       
Policy number       
Beneficiary       
Address       

Term Life    $    
Company       
Policy number       
Beneficiary       
Address       

Annuity Contract    $    
Company       
Policy number       
Beneficiary       
Address       

Total Insurance and Annuity Contracts    (B)   $    


Accounts and Notes Receivable

Debts payable to you may be left by will.

Accounts Receivable    $    
Due from       
Address       

Accounts Receivable    $    
Due from       
Address       

Accounts Receivable    $    
Due from       
Address       

Notes Receivable    $    
Due from       
Address       

Notes Receivable    $    
Due from       
Address       

Notes Receivable    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Total Accounts and Notes Receivable    (C)    $    

Stocks and Mutual Funds

Ownership of individually-held stock and mutual funds may be left by will.

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Total Stocks and Mutual Funds    (D)    $    

Bonds and Mutual Bond Funds

Ownership of individually-held bonds and mutual bond funds may be left by will.

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Total Bonds and Mutual Bond Funds    (E)   $    

Business Interests

Ownership of business interests may generally be left by will.

Individual Proprietorship
Name       
Location       
Type of business       
Your net value    $    

Individual Proprietorship
Name       
Location       
Type of business       
Your net value    $    

Interest in Partnership
Name       
Location       
Type of business       
Gross value    $    
Percentage interest       ______________ %
Your net value    $    

Interest in Partnership
Name       
Location       
Type of business       
Gross value    $    
Percentage interest       ______________ %
Your net value    $    

Closely-held Corporation Interest
Name       
Location       
Type of business       
Gross value    $    
Percentage of shares held       ______________ %
Your net value    $    


Total Business Interests    (F)    $    


Real Estate

Property owned individually or as tenants-in-common may be left by will. Property held in joint tenancy or tenancy-by-the-entirety may not.

Personal Residence
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?        __________ %
Value of your share    $    

Vacation Home
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    

Vacant Land
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    

Income Property
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    

Other Property
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    


Total Real Estate    (G)   $    


Personal Property

Personal property owned individually or as a tenant-in-common may be left by will.

Car    $    
Description       

Car    $    
Description       

Boat    $    
Description       

Other Vehicle    $    
Description       

Furniture    $    
Description       

Furniture    $    
Description       

Furniture    $    
Description       

Appliance    $    
Description       

Jewelry and Furs    $    
Description       

Music System    $    
Description       

Artwork    $    
Description       

Other    $    
Description       

Other    $    
Description       


Total Personal Property    (H)   $    

Miscellaneous Assets

Royalties    $    
Description       

Royalties    $    
Description       

Patents    $    
Description       

Copyrights    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Other    $    
Description       

Other    $    
Description       

Other    $    
Description       

Other    $    
Description       

Other    $    
Description       


Total Miscellaneous Assets    (I)   $    
Employee Benefit and Pension/Profit-sharing Plans

Retirement benefits cannot be left by will.

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Total Employee Benefit and Pension/Profit-sharing Plans    (J)    $    

Total Assets

Insert totals from previous pages.

Cash and Bank Accounts Total    (A)   $    
Insurance and Annuity Contracts Total    (B)   $    
Accounts and Notes Receivable Total    (C)   $    
Stocks and Mutual Funds Total    (D)   $    
Bonds and Mutual Fund Bonds Total    (E)   $    
Business Interests Total    (F)   $    
Real Estate Total    (G)   $    
Personal Property Total    (H)   $    
Miscellaneous Assets Total    (I)   $    
Employee Benefit and Pension/Profit-sharing Plans Total    (J)   $    

Total Assets    (1)   $    
What Are Your Liabilities?

Notes and Loans Payable

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Notes and Loans Payable    (K)   $    


Accounts Payable

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Accounts Payable    (L)   $    
Mortgages Payable

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Mortgages Payable    (M)   $    

Taxes Payable

Federal Income Taxes    $    
State Income Taxes    $    
Personal Property Taxes    $    
Real Estate Taxes    $    
Payroll Taxes    $    
Other Taxes    $    
Other Taxes    $    
Other Taxes    $    

Total Taxes Payable    (N)   $    


Credit Card Accounts Payable

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Total Credit Card Accounts Payable    (O)   $    

Miscellaneous Liabilities Payable

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Miscellaneous Liabilities Payable    (P)   $    

Total Liabilities

Insert totals from previous pages.

Notes and Loans Payable Total    (K)   $    
Accounts Payable Total    (L)   $    
Mortgages Payable Total    (M)   $    
Taxes Payable Total    (N)   $    
Credit Card Accounts Payable Total    (O)   $    
Miscellaneous Liabilities Payable Total    (P)   $    

Total Liabilities    (2)   $    


Net Worth Of Your Estate

Total Assets    (1)   $    
Minus (-) Total Liabilities    (2)   $    

Equals (=) Your Total Net Worth       $    



APPENDIX A
FindLegalForms.com
State Law Digest for Wills

(Click on the appropriate state link below)
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
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
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING

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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 - Property Questionnaire Kit












This Packet Includes:
1. Information


2. Rules and Information Regarding Disposition of
    Property Using Wills
3. Wills - Property Questionnaire Kit



Information
LLC Pre-Organization Kit - Kansas

This kit will help you prepare an inventory of all of your assets and liabilities for use in preparing your will.

The methods and manners of distribution of your property upon your death using a will are discussed in this kit.  Your assets consist of different types of property.  It may be personal property, real estate, “community” property, stocks, bonds, cash, heirlooms, or keepsakes. Regardless of the type of property you own, there are certain general rules which must be kept in mind as you prepare your will.

In addition, this kit will help you to prepare an inventory of all of your assets and liabilities.  This will allow you to have before you a complete listing of all of the property that you own as you begin to consider which beneficiaries should 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
Disposition of Property Using Wills

What Property May You Dispose of with Your Will?

In general, you may dispose of any property that you own at the time of your death.  This simple fact, however, contains certain factors which require further explanation.  There are forms of property which you may “own,” but which may not be transferred by way of a will.  In addition, you may own only a percentage or share of certain other property.  In such situations, only that share or percentage which you actually own may be left by your will.  Finally, there are types of property ownership which are automatically transferred to another party at your death, regardless of the presence of a will.

In the first category of property which cannot be transferred by will are properties that be transferred by will are properties that have a designated beneficiary outside of the provisions of your will.  These types of properties include:

   Life insurance policies
   Retirement plans
   IRAs and KEOGHs
   Pension plans
   Trust bank accounts
   Living trust assets
   Payable-on-death bank accounts
   U.S. Savings Bonds, with payable-on-death beneficiaries

In general, if there is already a valid determination of who will receive the property upon your death (as there is, for example, in the choice of a life insurance beneficiary), you may not alter this choice of beneficiary through the use of your will.  If you wish to alter your choice of beneficiary in any of these cases, alter the choice directly with the holder of the particular property (for instance, the life insurance company or bank).



The next category of property that may have certain restrictions regarding its transfer by will is property in which you may only own a certain share or percentage.  Examples of this might be a partnership interest in a company or jointly-held property.  Using a will, you may only leave that percentage or fraction of the ownership of the property that is actually yours.  For business interests, it is generally advisable to pass the interest that you own to a beneficiary intact.  The forced sale of the share of a business for estate distribution purposes often results in a lower value being placed on the share.  Of course, certain partnership and other business ownership agreements require the sale of a partners or owners interest upon death.  These buy-out provisions will be contained in any ownership or partnership documents that you may have.  Review such documentation carefully to determine both the exact share of your ownership and any post-death arrangements.



The ownership rights and shares of property owned jointly must be considered.  This is discussed below under common-law property states, although most joint ownership laws also apply in community property states as well.  Another example of property in which only a certain share is actually able to be transferred by will is a spouses share of marital property in states that follow community property designation of certain jointly owned property.  The following is a discussion of the basic property law rules in both community property and common-law property states.  The rules regarding community property only apply to married persons in those states that follow this type of property designation.  If you are single, please disregard this section and use the common-law property states rules below to determine your ownership rights.

Community Property States
Several states, mostly in the Western United States, follow the community property type of marital property system.  Please refer to our State Law Digest to see if your state has this type of system.  The system itself is derived from ancient Spanish law.  It is a relatively simple concept.  All property owned by either spouse during a marriage is divided into two types: separate property and community property.

Separate property consists of all property considered owned entirely by one spouse.  Separate property, essentially, is all property owned by the spouse prior to the marriage and kept separate during the marriage; and all property received individually by the spouse by gift or inheritance during the marriage.  All other property is considered community property.  In other words, all property acquired during the marriage by either spouse, unless by gift or inheritance, is community property.  Community property is considered to be owned in equal shares by each spouse, regardless of whose efforts actually went into acquiring the property.  (Major exceptions to this general rule are Social Security and Railroad retirement benefits, which are considered to be separate property by Federal law).

Specifically, separate property generally consists of:



    



All property owned by a spouse prior to a marriage (if kept separate)
   All property a spouse receives by gift or inheritance during a marriage (if kept separate)
   

All income derived from separate property (if kept separate).  In Texas and Idaho, income from separate property is considered community property

Community property generally consists of:

   All property acquired by either spouse during the course of a marriage, unless it is separate property (thus it is community property unless it is acquired by gift or inheritance or is income from separate property)
   All pensions and retirement benefits earned during a marriage (except Social Security and Railroad retirement benefits)
   All employment income of either spouse acquired during the marriage
   All separate property which is mixed or co-mingled with community property during the marriage

Thus, if you are a married resident of a community property state, the property that you may dispose of by will consists of all of your separate property and one-half of your jointly-owned marital community property.  The other half of the community property automatically becomes your spouses sole property upon your death.

Residents of community property states may also own property jointly as tenant-in-common or as joint tenants.  These forms of property ownership are discussed below.

Common-Law Property States

Residents of all other states are governed by a common-law property system, which was derived from English law.  Under this system, there is no rule that gives fifty percent ownership of the property acquired during marriage to each spouse.

In common-law states, the property that you may dispose of with your will consists of all the property held by title in your name, any property that you have earned or purchased with your own money, and any property that you may have been given as a gift or have inherited, either before or during your marriage.

If your name alone is on a title document in these states (for instance, a deed or automobile title), then you own the property solely.  If your name and your spouses name is on the document, you both generally own the property as tenants-in-common, unless the title specifically states that your ownership is to be as joint tenants, or if your state allows, as a tenancy-by-the-entireties (a form of joint tenancy between married persons).  There is an important difference between these types of joint ownership: namely, survivorship.



With property owned as tenants-in-common, the percentage or fraction that each tenant-in-common owns is property that may be disposed of under a will.  If the property is held as joint tenants or as tenants-by-the entireties, the survivor automatically receives the deceased partys share.  Thus, in your will, you may not dispose of any property held in joint tenancy or tenancy-by-the entirety since it already has an automatic legal disposition upon your death.  For example: if two persons own a parcel of real estate as equal tenants-in-common, each person may leave a one-half interest in the property to the beneficiary of their choice by their will.  By contrast, if the property is owned as joint tenants with right of survivorship, the one-half interest that a person owns will automatically become the surviving owners property upon death.

In common-law states, you may dispose of any property that has your name on the title in whatever share that the title gives you, unless the title is held specifically as joint tenants or tenants-by-the entireties.  You may also dispose of any property that you earned or purchased with your own money, and any property that you have been given as a gift or have inherited.  If you are married, however, there is a further restriction on your right to dispose of property by will.

All common-law states protect spouses from total disinheritance by providing a statutory scheme under which a spouse may choose to take a minimum share of the deceased spouses estate, regardless of what the will states.  This effectively prevents any spouse from being entirely disinherited through the use of the common law rules of property: name on the title equals ownership of property.



In most states, the spouse has a right to a one-third share of the deceased spouses estate, regardless of what the deceased spouses will states.  However, all states are slightly different in how they apply this type of law and some allow a spouse to take up to one-half of the estate.  Please check your particular states laws on this aspect in the State Law Digest.  The effect of these statutory provisions is to make it impossible to disinherit a spouse entirely.  If you choose to leave nothing to your spouse under your will or by other means (such as life insurance or joint tenancies), he or she may take it anyway, generally from any property that you tried to leave to others.  The details of each states spousal statutory share are outlined in the State Law Digest.



Some states also allow a certain family allowance or homestead allowance to the spouse or children to insure that they are not abruptly cut off from their support by any terms of a will.  These allowances are generally of short duration for relatively minor amounts of money and differ greatly from state to state.



Thus, the property that you may dispose of by will is as follows:

   In all states: Your share of any of the following property, except property for which a beneficiary has been chosen by the terms of the ownership of the property itself (for example: life insurance or living trusts).

   In community property states: All separate property (property that was brought into a marriage, or obtained by gift or inheritance during the marriage) and one-half of the community property (all other property acquired during the marriage by either spouse).  If you are single, follow the common-law state rules below.

   In common-law states: Your share of all property where your name is on the title document, unless the property is held as joint tenants or tenants-by-the-entireties and your share of all other property that you own, earned, or purchased in your own name.  Please check the State Law Digest for information relating to the spouses minimum statutory share of an estate in your state.



Federal Estate Taxes and State Inheritance and Estate Taxes



Various taxes may apply to property transfers upon death.  In general, there are two main type of taxes: estate taxes and inheritance taxes.  An estate tax is a government tax on the is a government tax on the privilege of being allowed to transfer property to others upon your death.  This tax is assessed against the estate itself and is paid out of the estate before the assets are distributed to the beneficiaries.  An inheritance tax is a tax on property received and is paid by the is a tax on property received and is paid by the person who has actually inherited the property.  The federal government assesses an estate tax.  Various states impose additional estate taxes and inheritance taxes.  Additionally, the federal government and a few states apply a gift tax on property transfers during a persons life.  Nevada is the only state that does not impose any estate, inheritance, or gift taxes.  Basic information regarding each states tax situation is provided in the State Law Digest.

With regard to estate taxes, recent changes in the federal Income Tax Code, as it relates to estate taxes, have released an estimated 95 percent of the American public from any federal estate tax liability on their death.  The current Internal Revenue Service rules provide for the equivalent of an exemption from all estate tax for the first $1 million of a persons assets.  If you are married, both you and your spouse are entitled to separate $1 million exemptions.  The current $1 million figure is scheduled to increase in stages over the next few years: to $1.5 million in 2004; $2 million in 2006; and $3.5 million in 2009.  In 2010, the tax code is scheduled to be repealed altogether.  In addition, all of the value of a persons estate that is left to a spouse is exempt from any federal estate tax.  Even if your particular assets are over this minimum exemption, there are still methods to lessen or eliminate your tax liability.  These methods, however, are beyond the scope of this kit.  Therefore, if your assets (or your joint assets, if married) total over approximately $1 million, it is recommended that you consult a tax professional prior to preparing your will.

State estate taxes are, as a rule, also very minimal or even non-existent until the value of your estate is over $1 million.  Most states estate tax laws are tied directly to the federal estate tax regulations and thus allow for the same level of exemption equivalent from state estate taxes on death if the estate property totals under $1 million.  A few states may impose an additional level of estate tax.  The details of each states estate tax situation are outlined in the State Law Digest.



Less than half of the states impose an inheritance tax on the receipt of property resulting from someones death.  There are generally relatively high exemptions allowed and the inheritance taxes are usually scaled such that spouses, children, and close relatives pay much lower rates than more distant relatives or unrelated persons.





From a planning standpoint, the changes in the federal estate tax have virtually eliminated any consideration of tax consequences from the preparation of a will for most Americans.  Other factors, however, will affect the planning of your will.



Property Questionnaire Instructions

Before you begin to actually prepare your own will, you must understand what your assets are, who your beneficiaries are to be, and what your personal desires are as to how those assets should be distributed among your beneficiaries.

Since you may only give away property that you actually own, before you prepare your will it is helpful to gather all of the information regarding your personal financial situation together in one place.  The following Property Questionnaire will assist you in that task.  The actual process of filling out these questions will gently force you to think about and make the important decisions that must be made in the planning and preparation of your will.

When you have finished completing this Questionnaire, have it in front of you as you prepare your will.



It may also be prudent to leave a photocopy of these questionnaires with the original of your will and provide a copy to your executor, in order to provide a readily-accessible inventory of your assets and list of your beneficiaries for use by your executor in managing your estate.

NOTE:   Determining who your dependents are, what their financial circumstances are, what gifts you wish to leave them, and whether you wish to make other persons or organizations beneficiaries under your will are questions you can answer by completing a Beneficiary Questionnaire, available at http://www.findlegalforms.com.






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. 


Property Questionnaire

What Are Your Assets?

Cash and Bank Accounts

Individual accounts can be left by will; joint tenancy and payable-on-death accounts cannot.

Checking Account    $    
Bank       
Account number       
Name(s) on account       

Checking Account    $    
Bank       
Account number       
Name(s) on account       

Savings Account    $    
Bank       
Account number       
Name(s) on account       

Savings Account    $    
Bank       
Account number       
Name(s) on account       

Certificate of Deposit    $    
Held by       
Expiration date       
Name(s) on account       

Other Account    $    
Bank       
Account number       
Name(s) on account       

Total Cash and Bank Accounts    (A)   $    



Insurance and Annuity Contracts

Life insurance benefits cannot be left by will.

Ordinary Life    $    
Company       
Policy number       
Beneficiary       
Address       

Ordinary Life    $    
Company       
Policy number       
Beneficiary       
Address       

Endowment    $    
Company       
Policy number       
Beneficiary       
Address       

Term Life    $    
Company       
Policy number       
Beneficiary       
Address       

Term Life    $    
Company       
Policy number       
Beneficiary       
Address       

Annuity Contract    $    
Company       
Policy number       
Beneficiary       
Address       

Total Insurance and Annuity Contracts    (B)   $    


Accounts and Notes Receivable

Debts payable to you may be left by will.

Accounts Receivable    $    
Due from       
Address       

Accounts Receivable    $    
Due from       
Address       

Accounts Receivable    $    
Due from       
Address       

Notes Receivable    $    
Due from       
Address       

Notes Receivable    $    
Due from       
Address       

Notes Receivable    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Other Debts    $    
Due from       
Address       

Total Accounts and Notes Receivable    (C)    $    

Stocks and Mutual Funds

Ownership of individually-held stock and mutual funds may be left by will.

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Total Stocks and Mutual Funds    (D)    $    

Bonds and Mutual Bond Funds

Ownership of individually-held bonds and mutual bond funds may be left by will.

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Company       
CUSIP or certificate number       
Number and type of shares       
Value    $    

Total Bonds and Mutual Bond Funds    (E)   $    

Business Interests

Ownership of business interests may generally be left by will.

Individual Proprietorship
Name       
Location       
Type of business       
Your net value    $    

Individual Proprietorship
Name       
Location       
Type of business       
Your net value    $    

Interest in Partnership
Name       
Location       
Type of business       
Gross value    $    
Percentage interest       ______________ %
Your net value    $    

Interest in Partnership
Name       
Location       
Type of business       
Gross value    $    
Percentage interest       ______________ %
Your net value    $    

Closely-held Corporation Interest
Name       
Location       
Type of business       
Gross value    $    
Percentage of shares held       ______________ %
Your net value    $    


Total Business Interests    (F)    $    


Real Estate

Property owned individually or as tenants-in-common may be left by will. Property held in joint tenancy or tenancy-by-the-entirety may not.

Personal Residence
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?        __________ %
Value of your share    $    

Vacation Home
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    

Vacant Land
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    

Income Property
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    

Other Property
Location       
Value    $    
How is property held (joint tenants, tenancy-in-common, etc.)?       
What is your percent?       __________ %
Value of your share    $    


Total Real Estate    (G)   $    


Personal Property

Personal property owned individually or as a tenant-in-common may be left by will.

Car    $    
Description       

Car    $    
Description       

Boat    $    
Description       

Other Vehicle    $    
Description       

Furniture    $    
Description       

Furniture    $    
Description       

Furniture    $    
Description       

Appliance    $    
Description       

Jewelry and Furs    $    
Description       

Music System    $    
Description       

Artwork    $    
Description       

Other    $    
Description       

Other    $    
Description       


Total Personal Property    (H)   $    

Miscellaneous Assets

Royalties    $    
Description       

Royalties    $    
Description       

Patents    $    
Description       

Copyrights    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Heirlooms    $    
Description       

Other    $    
Description       

Other    $    
Description       

Other    $    
Description       

Other    $    
Description       

Other    $    
Description       


Total Miscellaneous Assets    (I)   $    
Employee Benefit and Pension/Profit-sharing Plans

Retirement benefits cannot be left by will.

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Company       
Plan type       
Net value    $    

Total Employee Benefit and Pension/Profit-sharing Plans    (J)    $    

Total Assets

Insert totals from previous pages.

Cash and Bank Accounts Total    (A)   $    
Insurance and Annuity Contracts Total    (B)   $    
Accounts and Notes Receivable Total    (C)   $    
Stocks and Mutual Funds Total    (D)   $    
Bonds and Mutual Fund Bonds Total    (E)   $    
Business Interests Total    (F)   $    
Real Estate Total    (G)   $    
Personal Property Total    (H)   $    
Miscellaneous Assets Total    (I)   $    
Employee Benefit and Pension/Profit-sharing Plans Total    (J)   $    

Total Assets    (1)   $    
What Are Your Liabilities?

Notes and Loans Payable

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Notes and Loans Payable    (K)   $    


Accounts Payable

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Accounts Payable    (L)   $    
Mortgages Payable

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Property Location       
Payable to       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Mortgages Payable    (M)   $    

Taxes Payable

Federal Income Taxes    $    
State Income Taxes    $    
Personal Property Taxes    $    
Real Estate Taxes    $    
Payroll Taxes    $    
Other Taxes    $    
Other Taxes    $    
Other Taxes    $    

Total Taxes Payable    (N)   $    


Credit Card Accounts Payable

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Credit Card Company       
Credit card account number       
Address       
Interest rate       __________ %
Amount due    $    

Total Credit Card Accounts Payable    (O)   $    

Miscellaneous Liabilities Payable

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

To Whom Due       
Address       
Term       
Interest rate       __________ %
Amount due    $    

Total Miscellaneous Liabilities Payable    (P)   $    

Total Liabilities

Insert totals from previous pages.

Notes and Loans Payable Total    (K)   $    
Accounts Payable Total    (L)   $    
Mortgages Payable Total    (M)   $    
Taxes Payable Total    (N)   $    
Credit Card Accounts Payable Total    (O)   $    
Miscellaneous Liabilities Payable Total    (P)   $    

Total Liabilities    (2)   $    


Net Worth Of Your Estate

Total Assets    (1)   $    
Minus (-) Total Liabilities    (2)   $    

Equals (=) Your Total Net Worth       $    



APPENDIX A
FindLegalForms.com
State Law Digest for Wills

(Click on the appropriate state link below)
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
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
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING

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