OREGON WILLS QUESTIONNAIRE

This questionnaire will answer general questions concerning Wills, and will provide a general framework for your initial Will interview with an attorney.  Please complete this questionnaire before your appointment.  After you have completed this worksheet, an attorney will discuss it with you and answer any questions you may have.

Don't worry if you can't answer all of the questions or if you think the questions don't apply to you.  Just answer what you can and bring up any concerns when you meet with your attorney.

Name *
Name
Phone *
Phone
Do you currently have a Will? *
Are you married? *
Divorce or Separation?
Are you currently in the process of divorce or are you separated with that intent?
Oregon Estate Tax
If you add together all the property that you and your spouse own, along with life insurance policies that you both own, is the total more than $1,000,000.00?
Family Information
This section asks you for information regarding your immediate family.
Spouse's Name
Spouse's Name
If you are married, what is your spouse's full name?
Child 1 Name
Child 1 Name
Please enter your child's full name.
Child 2 Name
Child 2 Name
Please enter your child's full name.
Child 3 Name
Child 3 Name
Please enter your child's name.
Child 4 Name
Child 4 Name
Please enter your child's name.
Child 5 Name
Child 5 Name
Please enter your child's name.
Special Needs Children *
Are any of the children who are to inherit from you (or would by right of inheritance) disabled, and or on state assistance?
Previous Relationship
Where you previously married to someone who is not currently your spouse?
Children by Ex-Spouse
Do you have children by a former spouse?
Who do you want to Act on your behalf?
This section will ask you for names of individuals that you trust to manage your affairs after you pass away.
Personal Representative *
Personal Representative
A personal representative (or executor) is a person (18 years or older) who you name in your Will to supervise the distribution of your property and carry out desires expressed in your Will. He or she is also responsible for paying any funeral expenses, court costs, taxes, and debts that you may owe. These expenses are paid with money from your estate. Choose your personal representative with care. Your personal representative will have an important role; therefore, you should name someone you trust and in whom you have confidence. Many married people name their spouse as their personal representative. However, regardless of whom you name, you should discuss the matter with him/her before you make your Will.
Alternate Personal Representative *
Alternate Personal Representative
If your primary Personal Representative is unavailable, who do you want as an alternate?
Guardian
Guardian
A guardian is the person who will act as parent for any of your children who are minors at the time of your death. Normally, if the children’s natural or adoptive parent survives you, he or she will become the children’s guardian. However, it is recommended that you name a guardian and an alternative in the event that your children’s other natural or adoptive parent predeceases you.
Alternate Guardian
Alternate Guardian
In the event that your primary Guardian is unavailable.
Testamentary Trust
A trust may be established for your children. If your children are under age 18 a trust will be established. You may however, decide the age of distribution of the trust after age 18. Your trustee you appoint will, without court supervision, administer the trust assets and pay out for the children’s benefit money for their health and welfare and for college until the age of distribution, at which time they get the entire amount, which may include life insurance proceeds. You may wish to have any insurance distribute in part to the Trustee of the Trust created in your Will.
Primary Trustee
Primary Trustee
A trustee is the person, at least age 18, who handles the money for your children, and can be the same as the Personal Representative or the Guardian. You may name co-trustees.
Alternate Trustee
Alternate Trustee
If your primary Trustee is unavailable, who would you like to serve as an alternate?
Who do you want to inherit property?
If you are married, you should consider naming your spouse as primary beneficiary. If you also have children, you should consider naming them as alternate beneficiaries. Alternate beneficiaries will only receive your property if everyone named before them should pass away before you.
A beneficiary is a person to whom you leave property in your Will. You may state in your Will that you are leaving your property to anyone you wish. However, there are laws in many states which may give your spouse and/or your children an automatic right to a portion of your property regardless of what your Will declares. If you are married, you should consider naming your spouse as primary beneficiary. If you also have children, you should consider naming them as alternate beneficiaries. Alternate beneficiaries will only receive your property if everyone named before them should pass away before you.
In the case that your Primary Beneficiaries are unavailable, who would you like to leave your property.
Last Resort Inheritance *
If everyone you have named so far passes away before you, how do you want your property to be divided? Check one of the following:
Note anything else about your Will that you want to discuss with your attorney.