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Probate Steps
1. Notify a funeral director and clergy, make an appointment to discuss funeral arrangements.
2. Locate the decedent's important papers.
3. Tax return may be due within nine (9) months of death. This meeting is important to reviewdecedent's estate planning documents to discuss state and federal death taxes that may bepayable.
4. Notify employee benefits office.
5. Medicare, notify the local program office and provide information.
6. Notify life, accident or disability insurers of decedent's death or disability.
7. Notify the decedent's social security office of the death.
8. Might be entitled to emergency cash.
9. Notify the veteran's administration.
10. Record in a small ledger all money you or the immediate family spends. These figure may beused for tax returns.
11. Do not change the title of any assets
Estate Planning Checklist
1. Do you have a will?
2. lf you have minor children, do you have a current Will which names guardians?
3. lf the total gross value of all your assets is over $100,000 (might be too low), do you have anestate plan?
4. lf you have a living trust, have you transferred your assets into it?
5. In case you become disabled, have you nominated someone to handle your financial affairs?6. Do you have a current health care proxy that designate your trusted agents to handle yourmedical care if you are disabled?
7. Do you have provisions in your trust or will that address the issue of death taxes?
8. lf you want to make gifts to charities at your death, are they clearly set forth in your planningdocuments?
9. Do your planning documents clearly set forth how your personal property will be distributedat your death, including the care of any surviving pets?10. Since you signed your planning documents, have you changed your mind about any aspect of
the plan?
11. Has the value of your asset substantially changed since you signed your planningdocuments?
12. Have you substantially changed the kind of assets you own since your planning documents
were signed?
13. Have you recently been married, divorced or widowed since your estate planning documentswere signed?
14. Have you had children since your estate planning documents were signed?
15. Have your children had children?
16. Have any of your children been married, divorced or died since your planning documentswere signed?
17. Have you, your spouse or child become physically or mentally incapacitated since yourplanning documents were signed?
18. Have you bought or sold a house or other piece of property since your planning documents
were signed?
19. Are you contemplating selling stock or other valuable assets with a low cost basis?
20. Have you moved between states since your planning documents were signed?
21. lf you have a living trust, are Medicaid triggers in place to ensue that at the appropriate time.
Medicaid planning can be implemented.
When to Review Your Estate Plan
1. Has it been more than 3 years since you reviewed your current estate plan
2. Since creating your estate plan, are your children now adults?
3. lf you have a trust, are there any assets that you have not transferred into your trust?4. lf you become disabled, is your property power of attorney document or health care power ofattorney document older than 5 years?
5. Are there any gifts you would like to make to charities at your death that have not beenclearly set forth in your planning documents?
6. Since you signed your planning documents, have you changed your mind about any aspect ofthe plan?
7. Has the value of your assets significantly changed since you signed your planningdocuments?
8. Have you added or changed the kind of assets you own since your planning documents weresigned?
9. Have you been married, divorced, or widowed since your estate planning documents weresigned?
10. Have you had children since your estate planning documents were signed?
11. Have your children had children?
12. Have any of your children been married, divorced, or died since your planning documentswere signed?
13. Have you, your spouse or child become physically or mentally incapacitated since yourplanning documents were signed?
14. Have you bought or sold a house or other piece of property since your planning documentswere signed?
15. Are you contemplating selling stock or other valuable assets with a low cost basis?
16. Have you moved between states since your planning documents were signed?
Estate/Gift Tax Rates
New York State does not have a gift tax, however, there is a three-year clawback rule, when a person passes away, New York State will clawback the last three years of gifts and include the value of those gifts in the person’s estate.