This section helps us understand what estate planning documents you already have in place. You are not being asked to judge whether those documents are “good” or “up to date.” This information simply gives us a starting point so we can build on what you already have and avoid unnecessary duplication.
If you’re unsure about any item, answer as best you can. We’ll review everything with you later.
Why we ask about your current estate plan
Knowing what documents already exist helps us understand what planning has already been done, identify what may need to be updated, replaced, or coordinated, avoid recreating documents unnecessarily, and ensure new documents work properly with older ones.
This section does not determine what your final estate plan will include. It simply helps us understand your baseline.
Documents you may see listed
You may see checkboxes for common estate planning documents such as:
- Will
- Revocable Trust
- Financial Power of Attorney
- Health Care Power of Attorney
- Health Care Directive
- Irrevocable Trust for the Benefit of Another Person
Check a box if you believe you have that document, even if it was created a long time ago or you’re not sure it is still current. We can review the details later.
If you are not sure whether a document counts, it is usually better to check the box and discuss it with us afterward. For married couples and unmarried partners, check the boxes for plans related to both people.
A note about Revocable Trusts and Wills
If you have both a Revocable Trust and a Will, check the “Revocable Trust” box for purposes of this questionnaire.
Many people with a Revocable Trust also have a Will, often called a pour-over will. In this common setup, the Revocable Trust is the primary document used to hold and distribute assets, while the Will acts as a backup to direct any assets not already in the trust into it.
Checking the “Revocable Trust” box helps us understand that your planning is trust-based, even if a Will also exists. We can review the details of both documents together later.
Additional details about your current plan
You may see several follow-up questions in this section about past planning, financial arrangements, or legal agreements.
These questions help us understand background issues that can affect how an estate plan should be structured.
Answering “yes” to any of them does not mean there is a problem. It simply provides important context so we can plan accurately and avoid surprises later.
Large gifts and gift tax returns
You may be asked whether you have ever made large gifts or filed a federal gift tax return (IRS Form 709).
We ask this because certain lifetime gifts can affect estate and tax planning. If you made gifts above the annual exclusion amount in a given year, a gift tax return may have been required even if no tax was ultimately owed.
If you are not sure whether you have filed a gift tax return, that is common. You may have a copy in your tax records, or a tax preparer may have filed one on your behalf. If needed, this can also be confirmed later through tax records or an IRS transcript. For now, answer based on what you remember. We can clarify details together later.
Knowing whether gift tax returns were filed helps us understand whether prior gifts need to be considered as part of your overall estate planning.
Prenuptial, postnuptial, or community property agreements
You may be asked whether you and a spouse have entered into a prenuptial agreement, postnuptial agreement, or community property agreement.
These agreements can affect how property is owned, managed, or transferred at death. In some cases they override default state rules or even provisions in a will. Knowing whether one exists helps ensure that any estate planning documents we prepare are consistent with those agreements.
If you believe such an agreement exists—even if it was signed years ago—it is helpful to answer “yes.” We can review how it fits into your planning later.
Prior marriages
You may be asked whether you have been previously married.
Prior marriages can be relevant to estate planning for many reasons, including children from a prior relationship, ongoing financial obligations, or agreements that still affect property rights. This information helps us understand whether additional considerations may apply and ensures your plan reflects your full family and financial history.
Financial obligations to a former spouse or relationship
You may be asked whether you are subject to child support, spousal support, or other financial obligations related to a former relationship.
Some obligations can continue after death and may require specific planning. For example, support obligations may affect how assets are structured, whether insurance is needed, or how certain distributions are handled. Entering this information helps ensure these obligations are properly accounted for in your plan.
If you answer “yes,” you may be prompted later to provide additional details in the Liabilities section.
Being a beneficiary of a trust created by someone else
You may also be asked whether you are the beneficiary of a trust created by someone else.
If you are currently a beneficiary of an existing trust, you may have received formal notice from the trustee or the person who created it. In other cases, you may simply know that a family member has included you in their trust even if no distributions have begun.
We ask about this because an existing trust may affect estate planning decisions, including tax considerations, future income expectations, and how new planning should be coordinated. If the trust is already in effect, we may review it with you later to understand how it fits into your overall plan.
If the trust is only a potential future inheritance, we can address that later in the Assets and Liabilities section.
A few important reassurances
It is okay to be unsure. Answer based on what you know right now.
Nothing here locks in decisions. These questions are meant only to provide background information. We will review details together later. Documents and agreements can be clarified during the planning process.
This section is intended to give us context so we can prepare an estate plan that fits your full situation. It is not meant to test your knowledge or require perfect answers.