Your Estate Planning Guide

Safeguard Your Future with Easy-to-Create Legal Documents

Font: Locator (Regular, Italic, Bold)

#3399CC C M Y K R G B 73% 26% 5% 0% 51 153 204

#C91F49 C M Y K R G B 15% 100% 68% 3% 201 31 73

#5D9942 C M Y K R G B 69% 19% 100% 4% 93 153 66

#59595C C M Y K R G B 64% 56% 52% 27% 89 89 92

Font: Locator (Regular, Italic, Bold)

Copyright 2011 EZLaw Inc. All rights reserved.

#3399CC #C91F49 #59595C Disclaimer: EZLaw is not a law#5D9942and neither EZLaw nor its agents or employees provide legal services or legal advice at any time. firm 73% 15% 69% 64% Therefore, no attorney-client relationship exists between you and EZLaw. All Legal Services included as part of the services offered under an C C C C 26% 19% 56% M M M M EZLaw Legal Services100% are provided by independent attorneys and law firms who are not affiliated with EZLaw. Price includes legal fees Plan 5% 68% 100% 52% Y Y Y Y 0% 3% 4%markup, for the services to be provided by Participating Attorney. 27% to be paid as a pass-through, without K K K K R G B 51 153 204 R G B 201 31 73 R G B 93 153 66 R G B 89 89 92

Table of Contents
Introduction Estate Planning Is as Easy as 1-2-3 With EZLaw Last Will and Testament Power of Attorney Advanced Medical DirectivesIncluding Living Will and Healthcare Power of Attorney Frequently Asked Questions about Estate Planning Getting Started With EZLaw Which Legal Documents Are Right For You? 4 5 7 9 11 13 15 16

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 3

Font: Locator (Regular, Italic, Bold)

Introduction
Life doesnt always go according to plan. While you cant prepare for everything, you can take steps to help protect you and your loved ones when life takes unexpected twists and turns. An accident can happen. A crisis can arise. Health can quickly decline. When the unexpected occurs, is your estate in order? And are you prepared for lifes little emergencies, too? Even minor things such as an unplanned business trip or a brief illness can sometimes lead to bigger problems. If you and your spouse pass away, have you picked a legal guardian to raise your children? Do you need someone to help you manage your day-to-day affairs? If youre hospitalized, would someone have access to your bank accounts and be able to pay your bills? Have you clearly explained to your loved ones how youd like to be cared for if youre incapacitated? The right estate-planning documents can help you prepare and plan for these issuesand more. At minimum, every adult should have three essential estate-planning documents: A last will and testament: Used to explain how your money and possessions should be distributed after you die. If you have young children, a will can also be used to name a guardian to raise and care for your children after your death. A power of attorney: Lets you designate someone to make certain legal, financial and business-related decisions on your behalf if you become incapacitated. A living will: Lets you tell family and medical professionals what life sustaining proceduresif anyyou would like them to use. You can explain whether youd like healthcare workers to take measures to prolong your life. Because you can never predict what will happen tomorrowbut at least you can be prepared. And EZLaw can help.

Without hesitation, EZLaw

is my first stop next time I need a legal document.
Christian S., Pennsylvania

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 4

Font: Locator (Regular, Italic, Bold)

Estate Planning Is As Easy As 1-2-3 With EZLaw

What Sets EZLaw Apart?
EZLaw offers a simple and secure process for creating your estate-planning document onlineand as an added value; each legal document you purchase includes a phone consultation with a lawyer from our Attorney Network. With EZLaw, you get: Attorney Consultation EZLaw provides a personal phone consultation with a licensed attorney from our trusted network as part of your document-completion process. Transparent costs and bundled services for overall affordability. Customer service support available during every phase of the document completion process. A comprehensive help center that provides the information, tools and guidance to help you complete your legal documents. The legal experts at LexisNexis EZLaw was designed by and alongside legal experts who understand your needs.

How Does It Work?

With EZLaw, creating legal documents is as easy as 1-2-3

1. Complete our online Document Creation Questionnaire. Whether you need a last will and testament, power of attorney or living will, the process begins with the online questionnaire. Once youve answered all of the questions, the information you supply is used to create a legal document thats customized to your specific needs. 2. Talk to a lawyer during your Attorney Consultation. Every legal document from EZLaw comes with an attorney phone consultation. When you place your order, youll pick a lawyer from our Attorney Network and schedule a phone call with that lawyer. During your consultation, the lawyer will review your legal document with you, answer your questions, make legal recommendations, if necessary, and put the finishing touches on your legal document. 3. Sign your legal document. After your Attorney Consultation, your lawyer will send you a finalize version of your legal document. Simply download and sign it according to your lawyers instructionsand then youre done!

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 5

Font: Locator (Regular, Italic, Bold)

Get Expert Advice from a Lawyer in Our Attorney Network

All of the participating attorneys in the EZLaw network are licensed, practicing lawyers in good standing in their communities. Each is prescreened by EZLaw to ensure you get professional, experienced and confidential legal counsel. To be included in our network, attorneys must meet our rigorous 12-point checklist of criteria. Whether you need legal guidance for a last will and testament, a living will or power of attorney, we have a trusted professional who can answer your questions confidentially and comprehensively. When you speak with one of our attorneys, you can feel confident knowing that an easy, secure experience is part of our satisfaction guarantee.

Your Satisfaction Is Guaranteed!

Your satisfaction is our top priority. EZLaw guarantees your satisfaction with your final legal document, as well as our Document Creation Questionnaire and Attorney Consultation process. If you are not completely satisfied, please call our Customer Support Center at 877-412-3973 for a refund.

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 6

Font: Locator (Regular, Italic, Bold)

Last Will & Testament

What Is a Last Will & Testament?
A last will and testament is a legal document used to tell the world who you want to get your property and assets after you die. If you have young children, your will can also be used to name a guardian to raise and care for your children after your death. And a will can be used to select a person to manage your estate after your death. A will allows you to control your legacy. If you die without a will, state intestacy laws will govern how your estate is distributed and who receives your assets.

Who Needs a Last Will & Testament?

Each state has formal requirements for preparing and signing a will. But, in general, to create a will you must: Be of legal age, usually 18 Be of sound mind, or mentally competent, which means you understand that youre making a will, you know what property you have, and you know your heirs and relatives who normally would be included in your will Every adult who meets the legal requirements in their state should consider creating a last will and testament. This is particularly true if you: Want to control how your estate is distributed after you die Have assets, such as a home, checking and savings accounts, IRA or other things of value Have children under the age of 18 Have loved ones youd like to provide for after youre gone Want to leave money to a charitable institution after you die Have no family and dont want the state to take possession of your estate after your death

Checklist for Getting Started on Your Last Will & Testament

Before creating your last will and testament, youll want to have the following items handy: The full names of each person who will be mentioned in your will, including family members and other beneficiaries, as well as the people youre naming as executor, guardian and trustee. Youll also need to know each persons birthday as well as their county of residence. A list of all of your assets, as well as the approximate value of each item. A list of each person who will receive specific gifts.

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 7

Font: Locator (Regular, Italic, Bold)

When to Revise or Rewrite Your Will

Once your will is complete, make a habit of rereading it at least once a year, if not more often. Youll want to update your will if: You get married or divorced You have a new child, through birth or adoption A family member or other beneficiary of your estate dies The individual named as executor, trustee or guardian dies or is unable to act as such You decide to name someone else as your executor, trustee or guardian The size of your estate changes significantly You move to another state There are changes in federal or state laws that could affect your estate

Key Terms to Know

Assets: Anything of economic value. This would include real estate, money in checking, savings and brokerage accounts, life insurance, furniture, ownership in a business, arts and antiques, as well as money owed to you. Beneficiary: A person or entity that receives all or some of the assets from a trust or estate after another persons death. Bequest: A gift to another person made as part of a last will and testament. Disinherit: To intentionally omit someone from a last will and testament. Estate: Anything of value, including money, real estate and personal property, at the time of your death. Executor: The person responsible for administering an estate after another persons death. Also known as a personal representative or executrix. Holographic Will: A last will and testament that is handwritten and signed. Holographic wills are only legally permitted in about 20 states and can create problems even in states where they are legally valid. Intestate: The act of dying without a valid last will and testament. Last Will & Testament: A legal document used to explain how youd like your estateincluding real estate, possessions and moneyto be distributed after your death. Legal Guardian: The person legally responsible for raising minor children if both parents die or are otherwise unable to raise them. Witness: The person who observes a legal document, such as a last will and testament, is signed. A witness is usually also required to sign the document, because your witnesss signature indicates he or she saw the document being signed.

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 8

Font: Locator (Regular, Italic, Bold)

Power of Attorney
What Is a Power of Attorney Document?
A power of attorney document lets you to designate someone (known as your attorney-in-fact) to make certain legal, financial and business-related decisions on your behalf should you become incapacitated. Depending on the specifics of your power of attorney document, your attorney-in-facts powers cease either when you become incapacitated or when you die. There are a few types of powers of attorney, including: General power of attorney: This gives the attorney-in-fact broad powers to handle your legal and financial affairs. Limited power of attorney: This allows your attorney-in-fact to handle only specific situations. For example, a limited power of attorney could be used to give your spouse the right to represent you at a home closing. Durable power of attorney: This allows your attorney-in-facts powers to continue even after youve become incapacitated.

Why Do I Need a Power of Attorney?

General and limited power of attorney documents allow your attorney-in-fact to handle your affairs when you are unable to handle them. Good examples are when youre traveling or if youre physically or mentally unable to handle your affairs. You might create a power of attorney document to authorize your agent to do the following on your behalf: Handle banking transactions Enter your safety deposit boxes Buy, sell and manage property, including real estate Purchase life insurance Settle legal and insurance claims Enter into contracts Exercise stock rights File tax returns Handle matters related to government benefits You need someone elses help to manage your affairs. Youre planning a trip and may be unreachable for periods of time. Youre getting older or have been diagnosed with an illness that might leave you incapacitated. Youre unavailable to attend a real-estate closing and need someone else to sign documents on your behalf.

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 9

Font: Locator (Regular, Italic, Bold)

Key Terms to Know

Attorney-In-Fact: The person given power of attorney over another persons legal, financial and healthcare-related decisions. (The attorney-in-fact may also be known as an agent.) Grantor: The person creating a power of attorney document and granting powers to an attorney in fact. (The grantor may also be known as the principal.) Power Of Attorney: A legal document that enables you to designate someone (known as your attorney-in-fact or agent) to make certain legal, financial and healthcare-related decisions on your behalf. Witness: The person who observes a legal document, such as a power of attorney, is signed. A witness is usually also required to sign the document, because the witnesss signature indicates he or she saw the document being signed.

Checklist for Getting Started on

Your Power of Attorney Document

Before creating your last power of attorney document, youll want to have the following items handy: Your personal information, including full name and county of residence Your agent or attorney-in-facts personal information, including his or her full name and relationship to you The personal information for an alternative agent, if your first choice is unavailable

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 10

Font: Locator (Regular, Italic, Bold)

Advanced Medical Directives

Including Living Will and Healthcare Power of Attorney

What Is a Living Will & Why Do I Need One?

A living will is used to tell family and medical professionals what life-sustaining proceduresif anyyou would like them to use on you. It can also describe whether youd like healthcare workers to take measures to prolong your life. After you create a living will, you should discuss it with your family and healthcare providers. Also tell your healthcare provider about it so theyre educated about the various procedures and decisions youre making. You should also find out if your doctor is willing to carry out the provisions of your living will or if they have any religious, moral or ethical objections to them. You need a living will if you have opinions about the end-of-life medical care youd like to receive. With a living will, you can share your wishes nowwhile youre healthyin case youre unable to communicate in the future.

What is a Healthcare Power of Attorney?

A healthcare power of attorney gives someone else (known as your agent, healthcare surrogate, healthcare proxy or attorney-in-fact) the right to make healthcare decisions on your behalf. A healthcare power of attorney only becomes effective when you are unable to consent to medical treatment on your own. The healthcare power of attorney and a living will may sound similar, but the living will deals only with life-sustaining treatment in terminal situations. A healthcare power of attorney is a more flexible document that your attorney-in-fact can use Checklist for Getting Started on Your in other medical situations. A healthcare power of attorney lets you control, at least to some degree, the medical care youll receive when youre unable to directly communicate. If your health declines to the state that you can no longer communicate with others, the person named in your medical power of attorney will communicate for you. Your agent can discuss your care and treatment with your doctors and other healthcare providers.

Lving Will & Healthcare Power of Attorney Documents

Before creating your living will and healthcare power of attorney documents, youll want to have the following items handy: Your personal information, including full name and county of residence Your agent or attorney-in-facts personal information, including his or her full name and relationship to you The personal information for an alternative agent, if your first choice is unavailable

Who Needs a Living Will & Healthcare Power of Attorney?

Anyone who has strong opinions about the medical care they receive and thinks their wishes might not be honored Senior citizens Anyone whos concerned about their end-of-life medical care People who have been diagnosed with terminal illnesses, as well as people who are worried about losing their cognitive abilities

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 11

Font: Locator (Regular, Italic, Bold)

Youll also want to decide: What powers you want to grant to your healthcare agent What specific guidance you want to provide to your healthcare agent What actions youd like taken if youre in a coma or have irreversible brain damage Any pain-relieving measures youd like taken on your behalf

Key Terms to Know

Attorney-In-Fact: The person given power of attorney over another persons healthcare-related decisions. (The attorney-in-fact may also be known as an agent, healthcare surrogate or healthcare proxy.) Grantor: The person creating a power of attorney document and granting powers to an attorney in fact. (The grantor may also be known as the principal.) Power Of Attorney: A legal document that enables you to designate someone (known as your attorney-in-fact) to make certain healthcare-related decisions on your behalf. Witness: The person who observes a legal document, such as a living will, is signed. A witness is usually also required to sign the document. Your witnesss signature indicates he or she saw the document being signed.

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 12

Font: Locator (Regular, Italic, Bold)

Frequently Asked Questions About Estate Planning

Q A

What are the Differences Between These Estate Planning Documents? A last will and testament, a living will and a power of attorney each serve different functions. A last will is used to explain how you would like to divide your estateincluding real estate, possessions and moneyafter you die. A power of attorney enables you to designate someone to make certain legal, financial and healthcare-related decisions on your behalf should you become incapacitated. A living will is used to tell family and medical professionals what life-sustaining proceduresif anyyou would like them to use on you. It can also describe whether youd like healthcare workers to take measures to prolong your life. A healthcare power of attorney gives someone else the right to make healthcare decisions on your behalf. A healthcare power of attorney only becomes effective when you are unable to consent to medical treatment on your own.

Because each is used for different purposes, you should consider having a living will, a healthcare power of attorney, a general power of attorney, and a last will and testament.

Q A Q A

Can the person to whom I give power of attorney change my will?

No, the person to whom you grant power of attorney (known as your attorney-in-fact) cannot change your last will. When naming someone as your attorney-in-fact, you should select an honest, trustworthy person with good judgment. If you fear your attorney-in-fact might act against your wishes, you should revoke the power of attorney immediately. What does an executor do? An executor, also known as a personal representative, is responsible for managing the estate of a deceased person. The executors job includes: Filing the will with the probate court, if necessary Obtaining a copy of the death certificate Locating all of the deceaseds assets Notifying financial institutions that the person has passed away Setting up a separate bank account for the estate Paying outstanding bills and debts, as well as ongoing expenses such as mortgages Determining who will inherit the estate and distributing those assets to each beneficiary Filing a final, income-tax return and estate-tax return (if necessary), as well as a final accounting with the probate court

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 13

Font: Locator (Regular, Italic, Bold)

Q A

Who should I select as the executor of my estate? Your executor should be someone who: Has time to manage your estate Is responsible with money Meets deadlines Is capable of understanding the legal process associated with administering an estate Is mature and trustworthy Is comfortable with the job Has the communications and diplomatic skills to work with heirs who may have questions about the estate or challenge the way in which it is being managed

When selecting an executor, you probably want to choose someone who lives in the same state. Thats because some states have laws that prohibit non-residents from serving as executors. You may also want to choose a backup executor in case your first choice is unable or unwilling to do the job. You should not select a minor, a non-U.S. citizen or a convicted felon to serve as executor.

Q A

What happens if I die without a will?

State law has a default will for any person who dies without a will. Commonly, the spouse and children of the decedent will take the property. If there is no spouse and no children, the decedents parents will take the property, then siblings, grandparents, and children of the grandparents. If no close relation can be found, the property will eventually belong to the state. As part of the probate process, the creditors of the decedent get first shot at the estate property, after certain allowances for a spouse and children.

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 14

Font: Locator (Regular, Italic, Bold)

Getting Started With EZLaw

Are you ready to get started? Congratulations! Youre taking an important step in the estate-planning process. To begin, decide which estate-planning documents are right for you. These include: Last Will & Testament: Enables you to explain how youd like your estate distributed after your death. Power of attorney: Allows you to authorize someone else to make legal and financial decisions on your behalf. Living will: Lets you explain what life-sustaining medical care youd like to receive in terminal situations.

(See the chart on page 16 for a more detailed list of product features.) Once you know which documents you need, creating them with EZLaw is as easy as 1-2-3!

Go to EZLaw.com to get started today!

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 15

Font: Locator (Regular, Italic, Bold)

Which Legal Documents Are Right For You?

Questions? Call us at 877-412-3973 Get Started Today at EZLaw.com 16

Font: Locator (Regular, Italic, Bold)