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      1. Complete a will 
        or revocable trust. A revocable trust will enable your estate to avoid 
        probate yet will require you to transfer ownership of your assets to the 
        trust. This may be time consuming but it can also ease the administration 
        of your estate upon your death. Money spent now may greatly reduce costs 
        and frustrations for your family upon death. 
         
        2. If you already have a revocable trust, work with an advisor to verify 
        that all assets intended to be placed in your trust are in fact in your 
        trust. He or she will also advise you on beneficiary designations for 
        retirement accounts and life insurance policies. 
         
        3. If your estate is of a certain size, i.e. greater than $675,000 in 
        the year 2000, you may want estate planning to avoid the pitfalls of the 
        estate tax. See an estate-planning attorney to advise you of your options. 
         
        4. Prepare powers of attorney, both financial and medical. These will 
        enable your family to assist you when you no longer can assist yourself	
        An attorney can assist you with these documents. 
         
        5. Prepare living wills. Living Wills are written directives to your doctor 
        instructing him or her to remove all life supporting procedures if you 
        are comatose or in a vegetative state. An attorney can assist you with 
        these documents.  
         
        6. Call your insurance agent and make sure your life insurance policies 
        are in order. 
      7. For those families 
        that are in need of liquidity, there are a couple of options. You may 
        consider the sale of an existing life insurance policy, the reverse finance 
        of your home, which pays you the equity on the house, or greater withdrawals 
        from you retirement accounts. Since these are very complex, visit with 
        a professional on the advantages and disadvantages of these and other 
        methods to create liquidity. 
         
        8. Organize your assets and bills. To avoid the time and difficulty for 
        your family of determining what assets you own and what bills you owe, 
        consider placing statements and bills in a folder. You will likely want 
        to create a summary to explain the statements and bills to your family. 
        This will assist them in organizing your affairs upon death. 
         
        9. Make a list of all advisors, attorneys, accountants, insurance agents 
        and other professionals to be contacted by your family to settle your 
        affairs upon your death. 
        10. Make sure your family knows where all of your records are and where 
        the key to your safe deposite box is kept. 
         
        11. Go to a funeral home and make your request for burial or cremation. 
        States usually have laws regulating these choices. 
         
        12. A great resource for forms and assistance is the local Hospice organizations, 
        community legal service centers for low-income individuals, libraries, 
        and free seminars by attorneys and other estate planning professionals. 
         
       
        LEGAL AND TAX DUTIES TO BE PERFORMED UPON THE DEATH OF A LOVED ONE 
        Below you will find a typical list of steps necessary to resolve the legal 
        matters that arise after a person passes away. While each individual case 
        will vary, and every state has its own requirements, this will provide 
        a broad guideline to assist the individual dealing with the loss of a 
        loved one.  
      1. Nothing has to 
        be done immediately. Take your time to grieve. You will find that most 
        events are not emergencies and if they are, they are sometimes reversible. 
        Typically, you have 6 to 9 months before you have to seriously look at 
        the legal issues of an estate. 
         
        2. Find a friend, family member or reliable professional to assist you 
        with those financial and legal decisions. Remember that nothing has to 
        be done immediately. 
         
        3. Unfortunately, you will be contacted by salespeople, attempting to 
        sell you all types of items they claim you will "need." This 
        is not the time to make those decisions. 
         
        4. While Social Security needs to be notified, funeral homes often now 
        notify the agency. Eventually you will need to contact the Administration 
        to set up your own plan. There is no rush but they should be contacted 
        as soon as you are ready. 
       
      From Kevin P. McFadden, JD, Scottsdale, AZ  |