Personal Affairs Workbook
and
Survivor Guide to Benefits
CHAPTER
1.
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3.
4.
5.
6.
7.
8.
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10.
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13.
14.
15.
PAGES
SUBJECT
3-5
6
7
8 - 10
11
12 - 13
14
15 - 16
17 – 19
20 - 22
23
24
25-43
44-45
46
Personal Information
Military Information
Medical
Financial
Assets
Insurance
Veteran Affairs (VA)
Survivor Assistance
Funeral & Burial
Estate Planning
Probate in LA
Executor
Estate Planning 101
Survivor Checklist
Additional resources & phone numbers
This guide provides an introduction to the most important issues that loved ones face during
difficult times. Please fill in the information and have it available for your spouse. Be assured
that the Casualty Office assistance is not limited to the subjects covered here. If you need
additional help, please ask and it will be provided. Your first contact at time of death for
either spouse is the Casualty Assistance Officer.
Barksdale AFB, Casualty Assistance Officer, 318 456-_2212______________________
To find the nearest Casualty Officer outside local area:
Army:
1-800-626-3317_________________________________________________
Marine:
1-800-847-1597_________________________________________________
Navy:
1-800-368-3202_________________________________________________
Air Force: 1-877-353-6807___________________
1 July 2011
PERSONAL AFFAIRS WORKBOOK
AND
A SURVIVOR’S GUIDE TO BENEFITS
A complete record of your personal information and financial situation will prove to be a
valuable asset to your survivors and help them handle the many subjects that need attention
in the event of your death. This workbook will help you put your affairs in order and aid
your survivors as they deal with the paperwork and notifications that follow.
Prepared by Col. Steve dePyssler, USAF Retired.
Director Retiree Activities Office (RAO)
And
CMSgt Herman Nock, USAF Retired
Volunteer, Retiree Activity Office (RAO)
MAIL:
2FSS/RETIREE OFFICE
800 KENNEY AVE
BLDG T-4353, ROOM 24
BARKSDALE AFB, LA 71110
E-MAIL: RAO@barksdale.af.mil.
PHONE: 318-456-5976 or 318-456-4480
TOLL FREE: 1-866-544-2412
FAX: 318-456-3520
YOUR RECOMMENDATIONS OR COMMENTS THAT WOULD MAKE THIS A
BETTER WORKBOOK FOR MILITARY RETIREES AND THEIR DEPENDENTS
WOULD BE APPRECIATED.
This workbook is of no value unless it is filled in
Revised: 20 April 2011
1
PERSONAL AFFAIRS INFORMATION
Lessons learned by Col Steve dePyssler, USAF (Retired) after assisting over 2,500 widows and
widowers since 1978:

Every retiree and spouse should have a “Letter of Instructions” which supplements the
will with items not normally in a will. The items that should be covered is the
disposition of the remains by donation (cheapest), cremation or burial. It should cover
information on funeral home, cemetery, memorial, military honors, casket, cost and
obituary. Also disposition of vehicles, jewelry, collections, clothing, guns and whatever
else you think the family needs to know.

You need an easy to read listing of all your assets to include your present income,
sources and phone numbers.

Extremely important that the monthly income of the widow/widower be included to
show sources such as, Social Security, SBP, VA DIC, IRA 401K’s, annuities and
income coming from assets, as bonds, CD’s stocks, etc. Extremely important,
especially for widows to know what her income will be after the death of her husband.
2
CHAPTER 1–MILITARY RETIREE PERSONAL INFORMATION
Name: ________________________ ____________________
(First)
(Middle)
(Last)
Retired Grade: _________
Address: Street_________________________________________________________________
Branch of Service:_________
Social Security Number:_____________________________
Service Number: _______________ VA Claim number, if applicable _____________________
Date and type of retirement:
_____ 20 + years
E-mail address _________________________________________
_____Reserve
Spouses Name: _________________________________________
_____Disability
Spouses Maiden Name: __________________________________
Spouses Birth date: _____________ Place: __________________
Your place/date of birth: __________________________________________Date: __________
(City)
(State)
(Zip code)
Naturalization (if Applicable)
_____________________________________________________________________________
By (Designation and location of court granting naturalization)
Parents Names: (Not required if deceased)
First name
Middle name Last
DOB
Place of birth
Father: _______________________________________________________________________
Mother: ______________________________________________________________________
Your marriages:
First Name
Middle
Last Name
Place
Date
1st To whom:
___________________ ___________ ___________________ ____________ ____________
2nd To whom:
___________________ ___________ ___________________ ____________ ____________
3rd To whom:
___________________ ___________ ___________________ ____________ ____________
(If marriage terminated show reason, place and date(s) below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Revised: 20 April 2011
3
Children:
Name
DOB
Street /City
State
Zip Code
________________________ ________ ______________________
_____ __________
________________________ ________ ______________________
_____ __________
________________________ ________ ______________________
_____ __________
________________________ ________ ______________________
_____ __________
________________________ ________ ______________________
_____ __________
________________________ ________ ______________________
____ ___________
Family Records Location:
Birth certificates:
His - Located at ____________________________________________
Hers – Located at ___________________________________________
Papers and certificates:
Locations of documents checked below:
___ Adoption Papers:
____________________________________________________
___ Naturalization Papers:
____________________________________________________
___ Marriage Certificate:
____________________________________________________
___ Divorce decree:
____________________________________________________
(Divorce decree, death certificates or certified copies thereof in case of either spouse)
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
4
Other Important Papers:
___I have a will. It is dated ____________ and is located at _____________________________
___I do not have a will
Lawyers Name: _____________________________________ Phone No: ______________
Address: _____________________________________________________________________
Personal Lawyer or trusted friend: Name of person who may be consulted in regard to my
personal or business affairs.
Lawyer: _________________________________ Phone No. ________________
Address: ___________________________________________________________
Friend: ___________________________________Phone No. ______________
Address:___________________________________________________________
Power of Attorney for Financial Affairs: ___Yes I have
___I do not have
That person is __________________________________________Phone No: ______________
Address: _____________________________________________________________________
Power of Attorney for Health Care: ____Yes I have
____ No I do not have
That person is __________________________________________ Phone No: _____________
Address ______________________________________________________________________
Bank or Trust Company:
Safety Deposit Box: ___Yes
___No
Location of key: ___________________________
Name and address of Bank or Trust Company:
_____________________________________________________________________________
5
CHAPTER 2 -MILITARY SERVICE & PAY
Retirement Date
Date Retired: ___________ Number of years, _____ months, ______ days served, ______
Military Records
Location of record
____Retirement Orders
_____________________________________________
____Separation Papers (DD214)
_____________________________________________
____Awards & Decorations
_____________________________________________
Note: the only essential document needed is your DD-214, Report of Separation, which is required
by the Funeral Director for getting burial flag from the Post Office. If not found, retirement order
will suffice.
Military Retired Pay:
Keep the last statement of pay record and where filed. The statement contains extremely valuable
information on allotments for insurance premiums and more. List all allotments:
____Insurance Premiums ________________________________________________________
____Bonds ____________________________________________________________________
____Other ____________________________________________________________________
____Other ____________________________________________________________________
Survivor Benefit Plan (SBP)
____Yes
____No
Current 55% annuity amount shown on last pay statement:
As of date: ____________
Annuity: ______________________________
Retired Serviceman's Family Protection
____ Yes
____No
Annuity amount: _________ shown on last pay statement.
I have waived all or part of my military pay in favor of Department of Veterans Affairs (VA)
Disability Compensation or combined Civil Service Payment.
____Yes
____No
6
CHAPTER -3 MEDICAL
RETIREE
Check One:
Company:
Cost:
Tricare - Prime: ____________________________________________ $ ______
Tricare - Standard: __________________________________________ $ ______
Tricare - For-Life: __________________________________________ $ ______
Doctors: (His) Name
Address
Phone No.
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
SPOUSE
Check One:
Company:
Cost:
Tricare - Prime: ____________________________________________ $ ______
Tricare - Standard: __________________________________________ $ ______
Tricare - For-Life: __________________________________________ $ ______
Doctors: (Hers) Name
Address
Phone No.
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
___________________________ ___________________________ __________
Long Term Care (LTC):
Company
Policy Number
Date Purchased
Premium
___His: _________________ _____________ _______________ ___________
___Hers: _________________ _____________ _______________ __________
Coverage: His: _________________________ Hers: _______________________
Revised: 20 April 2011
7
CHAPTER 4- FINANCIAL
Bank and Credit Union Accounts:
Type of Accounts:
___Individual
___Joint
Account Number:__________________________
___Individual
___Joint
Account Number:__________________________
___Individual
___Joint
Account Number:__________________________
___Individual
___Joint
Account Number:__________________________
___Individual
___Joint
Account Number:__________________________
IRA — Retirement Account:
___His
Location:_____________________________ Phone: _____________
___Hers
Location:_____________________________ Phone:_____________
401K — Retirement Account:
___His
Location:_____________________________ Phone:_____________
___Hers
Location: _____________________________Phone:_____________
Annuities:
Type: SPDA/SPIS
$ Amount
Location
Phone
Date
___________________ _______ ____________________ __________ _______
___________________ _______ ____________________ __________ _______
___________________ _______ ____________________ __________ _______
___________________ _______ ____________________ __________ _______
___________________ _______ ____________________ __________ _______
Pencil in amount as it will change.
8
United States Savings Bonds
Where kept: ____________________________________________ List if desired:
Value
Serial Numbers
Denominations
Location
________ ______________ __________ ______________________________
________ ______________ __________ ______________________________
________ ______________ __________ ______________________________
________ ______________ __________ ______________________________
________ ______________ __________ ______________________________
TRUST(s): ___Yes
____No
Kind
Name
Policy Number
Phone
________________ __________________________ ____________ _________
________________ __________________________ ____________ _________
________________ __________________________ ____________ _________
INCOME TAX:
Location
Tax Preparer & Phone number
___Federal ________________________________________________________
___State
________________________________________________________
___County/Parish ___________________________________________________
___City___________________________________________________________
CREDIT CARDS:
Visa/Master Card/Other:
Number
% Interest
$ Balance
As of date
____________________ ______________ _______ __________ __________
____________________ ______________ _______ __________ __________
____________________ ______________ _______ __________ __________
____________________ ______________ _______ __________ __________
____________________ ______________ _______ __________ __________
____________________ ______________ _______ __________ __________
9
Present Monthly Income —Direct Deposits and/or checks:
Type of Pay:
Amount:
Remarks:
Military Retired Pay
$________ ___________________________________
Social Security (His)
$________ ___________________________________
Social Security (Hers)
$_________ ___________________________________
VA Disability
$_________ ___________________________________
IRA—His
$_________ ___________________________________
IRA— Hers
$_________ ___________________________________
Civilian Job
$_________ ___________________________________
Other
$_________ ___________________________________
Investments:
$_________ ___________________________________
TOTAL:
$ __________
Surviving Spouse Monthly Income:
Amount
Remarks
Social Security (Largest of his or hers):
$_______ _____________________
Survivor Benefit Plan @55%:
$_______ _____________________
VA Dependency & Indemnity Comp.:
$_______ _____________________
IRA (His + Hers):
$_______ _____________________
Civilian Job Retirement Income:
$_______ _____________________
Investment Income:
$_______ _____________________
TOTAL:
$__________
FINANCIAL RECOMMENDATIONS FOR MY WIDOW:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
10
CHAPTER 5 - ASSETS
HOME
Date Built:__________Value: $_____________ Mortgage Balance: $__________
Monthly Payments: $________________________
CARS:
Mfg Name
Model Yr
$Value
Loan Balance Monthly Payment
___________________ __________ _________ _________
_____________
___________________ __________ _________ _________
_____________
___________________ __________ _________ _________
_____________
AUTO LEASE INFORMATION: ______________________________________
BOAT:
Mfg Name
Model Yr
Value
Loan Balance Monthly Payment
________________ ___________ ____________ ___________ ___________
________________ ___________ ____________ ___________ ___________
________________ ___________ ____________ ___________ ___________
OTHER PROPERTY OWNERSHIP or INTEREST: (2nd Home, lake cabin,
Etc.)
#1 Type
Located at
Mortgage/Trust/Deed
Held by
__________ ________________ __________________ __________________
Property insured with: Insurance Company Policy Number
Deed, abstract, mortgage,
insurance, contracts & other
papers located at:
___________________ __________________ ______________ _______________________
#2 Type
Located at
Mortgage/Trust/Deed
Held by
__________ ________________ __________________ __________________
Property insured with Insurance Company Policy Number
Deed, abstract, mortgage,
insurance, contracts & other
papers located at:
___________________ __________________ ______________ _______________________
11
CHAPTER 6 INSURANCE
Life Insurance Policies:
Insurance Company Policy number Death Benefit Phone number Policy date
_________________ ___________ ____________ ____________ _________
_________________ ___________ ____________ ____________ _________
_________________ ___________ ____________ ____________ _________
_________________ ___________ ____________ ____________ _________
(Recommend annual check of phone numbers, request policy statement, retain copy of same.)
Auto Insurance:
Vehicle
Company
Policy Number
Cost Phone number
Renewal date
________ __________ ____________ ______ ____________ ___________
________ __________ ____________ ______ ____________ ___________
________ __________ ____________ ______ ____________ ___________
Property/Home Insurance:
Property
Company
Policy Number
Cost Phone number
Renewal date
________ __________ ____________ ______ ____________ ___________
________ __________ ____________ ______ ____________ ___________
Location of policies:__________________________________________________
Mortgage Insurance:
Company
Policy Number
Cost
Phone number
Renewal date
_______________ ____________ ________ _______________ ___________
_______________ ____________ ________ _______________ ___________
Location of policies:__________________________________________________
12
Health Insurance:
Company
Coverage
Policy Number
Phone No.
___His: _______________ ______________ ____________ _____________
___Hers: _______________ ______________ ____________ _____________
(Not required if over 65 and on Tricare-For-Life)
Umbrella Insurance:
Company Name
Policy Number
Coverage
Phone No.
___________________ _____________ ______________________ _________
Burial Insurance:
___Yes
___No
If yes:
Location
Coverage
___His: ________________________________ ________________________
___Hers: ________________________________ ________________________
Location of Policies:_________________________________________________
13
CHAPTER 7— VETERANS AFFAIRS (VA)
A wealth of information concerning compensation and benefits for families of
deceased Service Members is available from the Department of Veterans Affairs.
Veterans Benefits Administration
Telephone: 1-800-827-1000
http://www.va.gov
Financial Point: 1-888-827-1000
Bereavement Counseling
Telephone: 202-273-9116
Montgomery GI Bill/VEAP Refund
Telephone: 1-888-442-45 51
Memorial Programs Service
Telephone: 1-800-697-6947
National Cemetery Administration
Telephone: 1-800-827-1000
http://www.cem.va.gov
Survivor Benefits: 1-800-827-1000
Presidential Certificate Program
http://www.vba.va.gov/survivors/index.htm Telephone: 202-565-425
Veterans Health Administration
Telephone: 1-877-222-8387
http://www.i.va.gov/health/
Head Stones and Markers
Telephone: 1-800-697-6947
Nearest VA Service Officer:
Name
Location
Phone No.
____________________ _____________________________ ______________
VA Service-Connected Disability: ___ Yes ___No
Percentage Rating: _____%
Amount $_________
Combat Related: ___Yes ___No
(As of ____________)
Receiving CRSC Payments
___Yes
____No
If yes — Location and Award Letter:____________________________________
If Award Letter is not found, get from VA Service Officer. Need to know ratings for future
reevaluations and widow claim for VA Dependency and Indemnity Compensation (DIC).
Eligible for Agent Orange Disability: ___Yes ___No (Only if served in country —
Vietnam).
14
CHAPTER 8 -SURVIVOR ASSISTANCE
Identification Cards:
Your spouse should turn in all military ID cards. The survivor assistance officer will help you
obtain a new card for your spouse and any eligible children. If your spouse is not near a military
base, application forms and instructions for getting new cards can be obtained by mail.
Department of Veterans Affairs (VA):
Your surviving spouse might be eligible for Dependency and Indemnity Compensation (DIC).
Contact the nearest VA Service Officer (VASO) , who will apply for $600 if you have a VA
Service-Connected Disability and $2,000 if death is a result of Service-Connected-Disability. Also,
the VASO will apply for DIC, if appropriate.
Social Security Administration (SSA):
A widow at age 60 or 50 if disabled, is entitled to widow's SSA benefits. A Burial Allowance of
$255 is payable. Contact the nearest SSA Office or call 1-866-777-7887 or 1-800-772-1213 to
expedite claim. For more information go to www.ssa.gov.
Employer Benefits:
______________________ __________________________________________
Employer:
Address:
Survivor Benefits:
__ _Yes
Phone No.:
_No
Probate/Succession:
Required in Louisiana if you own property assets over $75,000. Check your state if and when
required. Recommend a fixed attorney price rather than an hourly charge. Fair price in Louisiana
including court cost is $1,200.
Your state: Required:
___Yes
___No
Agent Card:
Will you or your spouse need an Agent to do shopping, run errands etc? The first step is getting
your family doctor's statement of his/hers letterhead verifying the need. Then take to 2nd Services
Squadron, Bldg. 5541, Barksdale AFB, LA for an Agent Card. (318-456-4292)
15
Membership in Private Associations and Organizations:
You may be a member of several organizations that might be helpful to your spouse.
It is suggested that you list them below and indicate what assistance, if any your
spouse may expect.
Even if you are not a member, some veteran organizations might be able to help.
Check off the any of the following organizations listed below and add any others you
feel your spouse should contact.
___Air Force Sergeants Association (AFSA):
Phone number:_____________
Address: __________________________________________________________
___American Legion
Phone number: _____________
Address: _______________________________________________________
___American Red Cross:
Phone number: _____________
Address: _______________________________________________________
___Military Officers Association of American (MOAA) Phone number:_________
Address: ___________________________________________________________
___Veterans of Foreign Wars (VFW) Post
Phone number: _____________
Address: ___________________________________________________________
Other:____________________________________Phone number:_____________
Address:___________________________________________________________
Other:____________________________________Phone number:_____________
Address:___________________________________________________________
Names, address, and phone numbers of friends or business associates who may be
helpful:
Name
Address
Phone number
_______________________________
_____________________________
_____________
_______________________________
_____________________________
_____________
_______________________________
_____________________________
_____________
_______________________________
_____________________________
_____________
16
CHAPTER 9 -FUNERAL & BURIAL
Arrangement:
___ Donation of Body: _______________________________________________
___Cremation:______________________________________________________
___Burial:__________________________________________________________
Donation of Body — Locally, contact LA State Anatomical Board, 318 675-5312 or
318 675-5320. You must have a permission card prior to death. No funeral director
involved.
Funeral Service:
The funeral director apart from the unique and indispensable services performed, is
usually well informed regarding the administration of a military retiree's death.
Funeral Director:
_________________________ __________________________ _____________
Name
Address
Phone
Military Ceremony and Honors:
___Yes
___No
If yes, advise Funeral Director to arrange with Military or Veteran Honor Guard.
Uniform: __________________________________________________________
Hymns, Psalms, Scripture, special request:________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Flowers: __________________________________________________________
Open or Closed Casket: ____Open ____Closed
Viewing:
___Yes ____No
Memorial Service: ___Yes ___No.
17
Cemetery:
____Local: ___________________________________ Phone:_____________
____Arlington National Cemetery
Telephone: 703-607-8585 http://arlingtoncemetery.org
____NWLA Veterans Cemetery, Keithville, La
Telephone: 318-925-0612
____Other:_____________________________________ Phone:_______________
Plot:
____Yes
___No.
Name of Cemetery:_____________________________ Phone: ______________
Location:___________________________________________________________
Cremation:
___Yes
___No
If cremation is desired, consult your Funeral Director for instructions. Requests for cremation vary
from state to state. Some require a letter of authority signed by the deceased. Such a letter should be
filed with your personal papers.
Church and Clergy:
Depending on religious preference for affiliation, a clergyman may be either essential, or merely of
assistance. Families with strong religious ties should consult their clergyman before making funeral
arrangements.
Clergyman: ________________________________Phone-Church:____________
Address:___________________________________ Phone-Home:_____________
Honor Guard:
If you desire a Military Honor Guard, request the Funeral Director to make the arrangements. The
Honor Guard will make the presentation of the flag to the widow or family.
D-214 will be required by funeral home for the flag.
18
Obituary Notice:
A biographical sketch will be helpful in preparing the obituary news story. A photo should be
attached. We suggest you include this at the end of this section. Doing this now will save time and
confusion when the need comes. Contact a Funeral Home and get a draft form to fill out and get an
estimated cost of the obituary.
Memorials and Remembrances:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Personal Effects:
At the discretion of my executor, next of kin or beneficiaries, I suggest that a suitable disposition of
my special effects, not otherwise legally specified, might be as follows:
Clothing: __________________________________________________________
Firearms: __________________________________________________________
Medals: ___________________________________________________________
Books: ____________________________________________________________
Special Equipment:___________________________________________________
Jewelry: ___________________________________________________________
Sword: ____________________________________________________________
Plaques and Awards: _________________________________________________
Collections: ________________________________________________________
Works of Art: _______________________________________________________
Stamps/Coin Collections: _____________________________________________
Other: (Enter any additional data)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
19
CHAPTER 10 – ESTATE PLANNING

Upon death: Call Casualty Officer, BAFB, Mr David Day 318 456-1212. He will make out
documents for Arrears of Pay for month of death. Survivors Benefit Plan (SBP) – if it was taken
out, government life insurance and in most cases set up an appointment with Col Steve
dePyssler, USAF Retired – Director Retiree Activities Office, BAFB, 318 456-5976.

For many, the amazing truth is that even fundamental estate-planning strategies are frequently
put off until another day. But, nobody is guaranteed another day ! Estate planning is a process of
making conscious decisions about accumulating, preserving and disposing of everything you
have earned and saved.

One of the greatest gifts you can leave your survivors is an organized estate. The time you spend
now will help your loved ones to cope later, and also insure your wishes will be carried out.
Here is a simplified checklist to help you get started on organizing your estate, and depending
on your individual situation, you may discover other items to be addressed. It is a good idea to
discuss your plans with your loved ones and the executor of your will. You may also want to
consult with your legal, financial, and tax advisors.
 Part two of your estate plans are forms that need to be filled out to complete your processing.
1. MAKE OR UPDATE YOUR WILL: If your Louisiana will is dated prior to January
1986 you may need to make a new will as that is the date when major changes were
made on inheritance. The will allows you t determine what happens to your
estate/money and possessions when you die, and who becomes the guardian of your
minor children. Otherwise state laws and courts make the decision for you.
WARNING: Beneficiaries on finance documents take precedent over the will
instructions.
2. MAKE A LIVING WILL: This document can speak for you by outlining the medical
procedures you want taken if you become too ill to state your wishes yourself.
3. CREATE A DURABLE POWER OF ATTORNEY FOR HEALTH CARE:
This document should be in addition to your “LIVING WILL” and includes more
detailed instructions for your health care.
4. CREATE A DURABLE POWER OF ATTORNEY FOR FINANCIAL AFFAIRS:
This document will allow whoever you appoint to make financial decisions if you
become incapacitated. Expires at death of granter.
20
5. CREATE A LETTER OF INSTRUCTIONS: This is an extremely important
document and should be filed with your Will. The document should spell out your burial
instructions, people to contact, who gets items not included in the will –examples ,
jewelry, cars , collections of stamps, clothes, and more. You can also include a very
personal note to your survivors, financial account information and more.
6. CALCULATE YOUR NEW WORTH AND FINANCES ON THE ENCLOSED
FORMS: If you have substantial worth , talk to a financial advisor or tax person to
determine steps to minimize or eliminate state and federal estate taxes.
7. ESTABLISH A TRUST IF APPROPRIATE: There are many different kinds of trusts
for different purposes but most are for tax savings, avoiding inheritance or for a family
member.
8. PROBATE: In Louisiana you will have to go through Probate if you own property or
have assets over $75,000. You can fill out a probate worksheet in pencil and have it on
file for your executor.
9. FUNERAL PREPLANNING: Preplanning can relieve stress on your survivors and
give you complete control over the ultimate cost of your funeral and disposition of your
remains. For military honors your survivor will need to request military honors from the
funeral director.
10. LIFE INSURANCE: Have a folder for each policy and indicate names and person to
contact. Check at least every other year to insure that the data is still good and amount is
current.
11. HEALTH INSURANCE: Review health insurance coverage. If survivor is over 65
they should be on Tricare For Life. No other insurance should be necessary as TFL
covers everything covered by Medicare. If under 65 , insure that there is supplemental
insurance for Tricare Standard coverage. The best coverage for under 65 is Tricare
Prime if your are close to a military installation.
12. SURVIVOR BENEFIT PLAN (SBP): Insure spouse is aware of coverage and amount
of annuity. The annuity amount is shown on your last pay statement.
13. CIVILIAN EMPLOYMENT: Contact last civilian employer for death benefits.
14. COMPUTER RECORDS/FILES: Insure executor is aware of any financial records in
your computer.
15. LIST LOCATION OF FINANCIAL RECORDS: List names and location(s) of
financial records
21
16. PERSONAL INFORMATION: Have a record of yours and spouses’ Social Security,
driver licenses, birth dates, marriage, divorce, credit card and more.
17. SAFE DEPOSIT BOX: Is not closed and is available to anyone having a key to deposit
box.
18. CURRENT AND SPOUSES INCOME: List current income and income spouse will
receive after death.
19. VERIFY ACCOUNT OWNERSHIP AND BENEFICIARY DESIGNATIONS:
IMPORTANT. A will cannot override beneficiary designation on financial records.
20. PROVIDE EASY ACCESS TO YOUR WILL AND POWERS OF ATTORNEY
21. COMPLETE FORMS ATTACHED
22
CHAPTER 11 PROBATE/SUCESSION IN LOUISIANA
 In Louisiana you have to go through probate/succession if you own property or have assets
over $75, 000.
 SMALL SUCCESSION is when you have no property and gross assets less than $75,000
BUT only applies with NO WILL, no immovable property, except immovable which
together with all other assets is worth less than $75,000 and was used as a primary residence
and whose sole heirs are spouse, children, parents, brothers or sisters. You still have to file
and affidavit, run it in newspapers, file a notice of no opposition. In the opinion of many
lawyers you might as well go through the regular procedures which would cost you about
$1,200 for attorney fees which would include their court costs.
 If you live outside Louisiana you have to check for that states laws on
probate/succession.
 Do not procrastinate and leave this problem to children as years later they will
still have to go through your probate/succession.
23
CHAPTER 12 SERVING AS EXECUTOR IN LOUISIANA
Louisiana has several distinctive laws which can make the executor job easier. The
first of those is the designation of the executor as “Independent.” This allows the
executor to sell property and make decisions regarding the management of estate
assets without court approval and without approval of other heirs. Additionally,
Louisiana allows a non-administered probate which means that if the heirs are all
competent and they accept the estate assets, it is not necessary to liquidate the estate
before it can be closed. In most cases, such as the surviving spouse being the only
adult heir, he or she accepts the assets and agrees to be responsible for any
outstanding, usually minimal, debts. Notices to the newspaper are not required, and a
non-administered probate can be completed in four to six weeks.
If the heir or heirs are the surviving spouse and/or children it may not be
necessary to do a full formal inventory of all of the assets. The executor provides the
attorney with a list of all of the assets and debts and a “detailed descriptive list” of
assets and debts is file with the court. If the heirs then agree, the judge can order the
assets transferred to the heirs without additional delay. It may not be necessary to
have a full appraisal done of the house, especially if the surviving spouse does not
intend to sell within the year. Further, setting up an estate account may not be
necessary if the heir is a joint account holder with the deceased. Life insurance is
usually not payable to the estate, but to a beneficiary and does not form part of the
estate.
In most cases, the executor is the surviving spouse or one of the adult children
of the deceased. The executor fee may be charged, but more commonly, it is not.
As Louisiana has particular laws on probate and the duties of the executor, a
Louisiana attorney should be consulted for advice on being an executor of an estate
for a Louisiana resident.
PATRICIA N. MIRAMON
ATTORNY AT LAW
3324 LINE AVENUE
SHREVEPORT, LOUISIANA, 71104
TELEPHONE (318) 869-0055
TOLL FREE (888) 869-0055
FAX (318) 865-4041
24
Estate Planning 101
Patricia N. Miramon
Attorney a Law
3324 Line Avenue
Shreveport, LA 71104
(318) 869-0055 Telephone
(318) 865-4041 Facsimile
(888) 869-0055 Toll Free
pmiramon@bellsouth.net Email
25
1. WHAT IS ESTATE PLANNING? It simply means planning what will
happen with your property at the time of your death. It includes wills, possibly trusts, and maybe
family partnerships. It may include providing for guardians for disabled people or minors. It
expands to include pre-death planning such as powers of attorney and living wills and possibly
competency issues.
A.
The first question for the client is "Do you have an estate plan?"
• Everyone needs some plan.
• Some common excuses for no plan are:
• "I don't have an 'estate'. I only have a house and money in the bank"
• "I need to wait to do an estate plan until all my children can be in town to talk to
me about it."
• "I did a will about 25 years ago and I am sure it is still ok."
• "My spouse is not well, and I don't want to talk to him/her about it."
• "Most Common: "I don't have to do an estate planning since Louisiana doesn't
have forced heirship anymore."
• **Most Erroneous: "My only child is disabled so I can't make a will."
• "I don't have thousands of dollars to spend on legal fees.
• "I can just get a form off the internet and fill in the blanks."
2. WHAT SORT OF ESTATE PLAN SHOULD I HAVE? What kind of estate plan
do you want?
• For instance -- a client comes in and wants to leave his property, which consists of 5
rental properties ( two have mortgages on them) and a family home, along with some
cash in the bank to his four children, three of whom live in other states, with his current wife
having the income for life of all of the rental income, but one child who lives here to
continue to live rent free in one of the homes with his grandchild.
• Problems - one child living rent free --- who is responsible for insurance, taxes,
maintenance and upkeep? Is the child who doesn't work disabled or on any kind of
government assistance? If so, for that child to inherit may jeopardize government
assistance. The surviving spouse can't refinance without the agreement of all children.
What if the spouse remarries? Out of state children are not happy with this
arrangement.
• Some options: spendthrift trust for one child who lives here with finding for house
maintenance and house going into trust; family partnership for other rental
properties; give family home outright to surviving spouse.
3. EVERYONE NEEDS A WILL
A. What happens without a will?
1. Community property (acquired during the marriage) is divided:
• 1/2 to Spouse
• 1/2 to children, subject to spouse's right to use the property until remarriage.
• *This is not forced heirship. This is an "intestate succession" or what
happens without a Will.
• If you don't want the above to happen, you must write a Will!
2. Separate property goes to children.
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B. Types of Wills
1. There are several types of Wills. The most common are:
• Olographic or handwritten. (It must be entirely written, dated and signed by the
person making the Will. There must be no other signatures or writing on the
Will. Don't let anyone else sign it!)
• Statutory. A typewritten Will with a Notary and two witnesses. Has several
other requirements.
C. How long does it take?
• It usually takes about a week after our initial meeting to have the Will drafted
and a meeting to execute the Will. It may be shorter or longer, depending on the
complexity of the Will and the business of the office.
4. RESTRICTIONS ON WILLS.
A. Still have forced heirship for children who are under 23 or disabled. These children will
have a share in the estate whether you provide for them or not, unless they are disinherited.
B. You may not place certain types of restrictions on gifts in the Will, such as:
• "prohibited substitution" - for example: "I leave my gold ring to Jim, until he dies,
then it is to go to John", etc.
• restrictions that are found to be "against public policy" - for example: "I leave my
home to Alice, provided she never marries." You may say "provided she is not
married at the time of my death".
C.Have your Will drafted by a person who is knowledgeable about them, or at least have
your Will checked by an attorney.
5. EXECUTORS AND ADMINISTRATORS
A .Executors. An executor is a person named in the Will to be responsible for having the
Will probated and carrying out the wishes of the person who has died.
B. Administrators. An administrator may be named in the Will. This person is responsible
for administering the estate while the legal work is pending.
C. Normally, an executor is all that is required. Most people name their spouse or child. It
should be someone who knows where your Will and personal papers are, who is in your
community or can be here, and who you trust. The attorney will tell the executor what he or
she needs to do.
6. IF I CHANGE MY MIND.
If you want to change your Will, have a new Will drafted and destroy the old one.
7. PROBATE OR "FILING WILLS",
A. What Probate Means.
• Probate means the formal filing and recognition of the Will as the Last Will and
Testament of the deceased person. There are several legal requirements and
documents to be prepared. It is necessary to have an attorney do this. After the
person dies, the executor or other interested person meets with an attorney and brings
the original Will
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• If there is no Will, there is no "probate", but a legal proceeding still needs to
be done in order to transfer assets to the heirs.
B. Requirements.
1. Original Will;
2.Affidavit of Death and Heirship;
3. There is no need for a hearing, unless the Judge requests one.
C.Before death, the Will is not "filed", but is kept with the personal pipers of the person
who made the Will.
8. DO I NEED A TRUST?
A. Method of taking property out of estate;
B. Method of giving money with restrictions;
C. Can be done now - funded part now, part later;
D. Trust becomes separate entity.
E. Some living trusts do not qualify for homestead exemption.
9. HOW IS THE ESTATE ADMINISTERED?
A. If necessary, after the Will is probated, there will be a period of "administration"
when the debts of the succession are paid and a proposed distribution of the estate is done.
Most of the time, no formal administration is necessary -- as long as the estate has more
assets than debts. The attorney will advise the executor if an administration needs to be
done. This is normally not necessary for a small succession.
B. One problem that has been common recently is how to administer an estate whe there
are forced heirs who refuse to accept or reject and perhaps the surviving spouse cannot
continue to make the house payments, car payments, etc. As a part of an administrative
procedure, we can obtain a Court order allowing the sale for not less than the appraised
price.
10. SUCCESSION OR PLACING THE HEIRS IN POSSESSION
A. Normally, after the Will is probated, the attorney will proceed to draft the documents
placing the heirs in possession of the property. In order to do this, all property and debts
of the deceased person must be listed. The succession information sheet is filled out by
the survivor and brought in to the attorney. All property should be listed regardless of
whose name it is in, unless:
1. The spouses had a separate property agreement. If so, list only property and
debts in the name of the deceased person.
2.Property acquired by inheritance or before marriage by surviving spouse (surviving
spouse's separate property).
3. Life insurance to a named beneficiary.
4. IRA's to named beneficiary.
5. Property in a trust may not be included.
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11. COSTS
A. For "Succession".
1 . Filing costs depends on parish;
2. Attorney's fees --- set fee vs. percentage;
3. Executor's fee or administrator's fees (may be waived).
B. For Will
C. For Trust
D. For Power of Attorney
12. LOUISIANA ESTATE AND INHERITANCE TAX- NO LONGER
EXISTS FOR PERSONS DYING AFTER JUNE 30, 2004.
13. FEDERAL ESTATE TAXES
A. Current exemption is $5 million per person.
14. "LIVING WILLS" This is simply a form directing your physician or hospital not to
keep you alive on life support systems should two (2) physicians certify that you are in a persistent
vegetative state with no chance for recovery and naming someone to make your decisions for
you should you become unable to communicate with health care providers.
15. POWERS OF ATTORNEY
A. Used only while person still alive;
B. Give only to one you trust;
C. Can be broad or limited;
D. Filed in courthouse of parish you live in when needed
.
16. DIVORCE ISSUES
A. Additional estate planning considerations in the event of divorce or remarriage:
1. Immediately:
• Review Will or write a will specifying how your property is to be divided
after death.
• Review all beneficiaries on insurance policies, retirement plans, etc, and
change beneficiaries, if necessary.
• If you have minor children, designate tutors to care for the child and/or
to care for assets left to the child.
• Consider the use of a "spendthrift" 'trust to have assets held for the child
past age 18.
17. COMMON QUESTIONS ON ESTATE PLANNING:
A. Do I need a Will?
You must have a will to leave your property to someone other than your children.
For instance, if you have property that you want to leave to your spouse, you must
have a will in order to leave your share of any property to your spouse or to any
one other than your children. You must have a will to designate an
executor/executrix of your estate. You must have a will to leave any particular items
or gifts to anyone other than your children in equal shares. You must have a will
to disinherit someone. You must have a will to give a lifetime usufruct to your
spouse or to another person.
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B. If I have a will made several years ago, is it still valid?
A will does not expire by lapse of time unless it is not probated for five (5) years
after a judicial opening of a succession. If you desire to make changes, you may
want to update the will.
C. Is it okay to have a handwritten will?
You may have a handwritten will but it must be entirely written, dated and signed
by the person making the will. It must not be notarized, witnessed or typed. If you
intend to do this type of will it might be a good idea to have an attorney review it
to make sure it is valid.
WILLS PRINTED OFF THE INTERNET ARE USUALLY NOT VALID IN
LOUISIANA.
D. Do I have to list personal items, such as personal belongings or household items that
may have little value in my will?
You can list these in your will or you can direct your executor to dispose of your
personal effects in accordance with a letter attached to the will.
E. If I want to change my will, can I simply write on a piece of paper what my changes
are or mark out on the will what I want to change?
No. Any changes on the will have to be done by a codicil, which must be in the
same form as a will and witnessed and notarized, or you must make a new will.
Most of the time, it is just as easy to make a new will.
F. Where should I keep the will?
The original will is given to you when it is signed. I keep a copy in my office. You
should keep the original in a fire-proof place or in a place where it will not get lost
or misplaced. You may put it in a safety deposit box, but make sure that someone
other than yourself has access to the safety deposit box so that it can be retrieved
in case of death.
G. Who should have a copy of the will?
Anyone that you want to have a copy. If you want your children to have a copy,
that is fine. If you do not want anyone else to have a copy that is entirely up to you.
H. What if the will is lost?
If the will is lost, we can probate a copy of the will. We just have to make a search
for the original and insure that there has not been a new will made.
18. QUESTIONS ON INHERITANCE LAWS:
A. What is forced heirship?
Forced heirship means that regardless of what you say in a will, your children must
inherit a share of your estate (1/4 if you leave one child; 1/2 if you leave two or
more children). That inheritance may be subject to a lifetime usufruct in favor of
the other spouse. Other restrictions may be placed on that forced inheritance, such
as placing it in trust. We no longer have forced heirship for non-disabled children
over age 23.
30
B. How can I protect myself in the event of changes if I have children under 23?
What I would suggest is having a will that takes care of both situations. In other
words, if you desire to leave everything to your spouse, go ahead and write the will
that way, but then put a provision for what will occur if forced heirship applies. If
you do not have a will, forced heirship is not an issue for you because your children
are going to inherit your estate subject to your spouse's right to use community
property until remarriage. This is not forced heirship, this is what happens
without a will.
For minors or disabled children, property may be left in trust.
C. If I have a will leaving everything to my spouse, not making any provision for forced
heirship, but I have forced heirs, is my will invalid?
No. If your will leaves everything to your spouse, the will is simply considered
"reformed" to leave the maximum amount you could leave to your spouse with a
legal (or until remarriage) right to use.
D. My children (under 23 or disabled) have been unkind to me -- Do I still have to leave
them a share of my estate?
If you wish to delete them from your estate they must be specifically disinherited
-- that means you must say in your will that you disinherit them and you must state
why If you simply make a will and don't mention anything about a particular child
who qualifies as a forced heir, that child will be considered a forced heir and will
receive his or her share of the estate. You will have to specifically disinherit them
and state the reasons.
E. If my children are forced heirs and I wish to sell my home do I have to obtain their
consent?
Yes.
F. Do I have to pay them their share of the estate?
Not if they agree for the usufruct to attach to the proceeds. As a practical matter,
most children will not agree to sell unless they receive their share at the time of
the sale. Article 615 of the Louisiana Civil Code says that when property is sold
by agreement, the usufruct attaches to the proceeds of the sale unless the parties
provide otherwise.
19. QUESTIONS REGARDING TRUSTS:
A. What is a living trust?
Trusts are simply a measure of transferring property out of your estate. Trusts are
of two (2) main types: a living trust, which transfers property out of your estate
while you are still alive, and a trust which is in connection with your will which
comes into effect upon your death. You transfer property to a trust with a trustee
or manager of the property. You can place restrictions on property held in trust,
such as grandchildren cannot receive their share until they reach the age of majority,
etc.
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B. Does a living trust "avoid probate”?
Living trusts have been recently touted as a way to "avoid probate." This is basically
a fallacy because you still need what is called a "pour-over will" which will
have to be probated for a succession proceeding.
C. Does a living trust save money?
Probate does not have to be expensive or time consuming. Many times the
amounts that are charged for setting up living trusts (as well as the appropriate filing
costs at the time they are set up or the time of death) exceed what would be
charged for a normal succession procedure which would include probating a will.
D. Does a living trust save taxes?
A living trust does not necessarily save on inheritance taxes. As mentioned earlier,
there is no longer any Louisiana Inheritance Tax. In order to be subject to federal
inheritance taxes, your estate must exceed $5 million. If you are not in that tax
bracket you basically have no need to set up a living trust for tax reasons. Also if
you are transferring the property pursuant to a living trust to avoid inheritance.
taxes, it must be an irrevocable transfer of assets. If you do not wish to make it
irrevocable (that means you cannot change your mind and get your money back
from the trust if you decide you don't like it or don't want to keep the trust going)
then you have not accomplished anything because a living trust must be irrevocable
to actually take the property out of your estate for tax purposes. Many things
already do not pass under a will such as an IRA or life insurance which is often
the. bulk of the assets. So, I would caution people to make sure to first ask
themselves: Why am I setting up a living trust? What am I trying to accomplish? Is
this actually going to accomplish what I wish it to? Is it going to save me money by
"avoiding probate"? Is it going to save me or actually be more time consuming and
costly?
E. 1 am using a "living trust" company -- is this valid?
There are a lot of companies that contact senior citizens and tout these living trusts
as some sort of an answer to everything --- an answer to forced heirship, an answer
to the costs of probate and succession. I would make sure that whatever you are
given, you have it reviewed by an attorney so that you can insure that it is
accomplishing what you wish to accomplish.
F. Are there other reasons to have a living trust?
One common reason for a trust is setting up a living trust for the benefit of an elderly
parent or relative or for minors or disabled children to have another person
manage assets.
G. Can I put all of my property in a living trust and thus get around forced heirship?
No, but the forced portion can be placed in trust if certain conditions are met. You
cannot get around forced heirship entirely by placing the forced portion in trust,
but you can make it subject to restrictions similar to a usufruct.
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20. COMMON QUESTIONS REGARDING PROBATE:
A. What do I need to give the attorney?
Fill out a probate worksheet.
B. Do I only list property that is in the deceased person's name?
No. List all property in either name unless it is your separate property (some
thing you inherited or was given to you only).
C. Can I sell a car before this is finished?
No. Normally you will need a Judgment of Possession or other court order.
D. How long does it take?
It normally takes approximately two (2) months to complete succession. This
two (2) months is from the time that I get all of the information that I need from
you.
E. How much does it cost?
The average succession fees, which include probate, state inheritance tax filing,
and completion of the succession are $800-$1,000.00. This does not include
court costs which usually are between $250.00 and $400.00.
F. Will I have to pay inheritance taxes and if so, how much?
Not likely.
G. Do you need a copy of the death certificate?
No.
H. My children live out-of-town. Do they need to sign anything?
In the event your children need to sign anything, it will be mailed to them.
I. Has the bank frozen our assets?
No. A spouse may use up to $10,000.00 in any joint account without authority.
J. Can I leave town while this is pending?
Yes. Any necessary documents may be mailed.
21. ATTACHMENTS:
A) Probate Worksheet
B) Power of Attorney Worksheet
C) Will Worksheet
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A. PROBATE WORKSHEET
Please use the back or another sheet if enough space is not provided.
Name of Deceased:_____________________________________________________________
Last Home Address of Deceased:__________________________________________________
Place of Death: ____________________________Date of Death:_________________________
Birth date: ___________________Social Security #:____________________________________
How long resided at last address:__________________________________________________
Surviving Spouse:______________________________________________________________
Home Address:________________________________________________________________
Telephone Number: ___________________Social security #:____________________________
Birth date: ___________________________Date of Marriage:___________________________
Previous Spouse(s):_____________________________________________________________
Date marriage (s) Dissolved & How:_______________________________________________
Children of Deceased and other beneficiaries For each list: name, address- including zip code,
relationship, date of birth. List children who have died before the deceased, giving their date
of death. If a child was adopted, please note. List social security number of
executor/administrator or it person is a beneficiary under a will or an heir.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Will?______________ Where is it?________________________________________________
Please provide me with the original will.
Did deceased have a bank box?_______-If so, where is it located (name of bank):___________
34
ASSETS
Real Estate (Home or other) (We will need a complete Property description including book
and Page number (which can be obtained from the mortgage or deed] and the value of each
piece of property)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Bank Accounts (We will need: name of bank; type of account; account number; name account
is in; balance in account as of date of death of decedent)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Decedent's interest in any business:________________________________________________
______________________________________________________________________________
Are there any sub-chapter S corporations?__________________________________________
______________________________________________________________________________
Savings & loan or credit union accounts (we will need; name of bank; type of account;
account number; name account is in; balance in account as of date of death of decedent)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Annuities (list only if there is no beneficiary or if beneficiary is the estate:
______________________________________________________________________________
Thrift funds
U.S. Bonds, please bring copies of all bonds, we need serial number, date of issue and value.
Other bonds___________________________________________________________________
Stock_________________________________________________________________________
Unpaid salary__________________________________________________________________
Accounts receivable_____________________________________________________________
Rents receivable________________________________________________________________
Notes receivable________________________________________________________________
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Cash on hand
Oil/Gas Wells (we will need copies of the death certificate and please list location,
Parish/county, state, name of company, owner number) _______________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Automobiles, Trailers, Boats (We will need: year, make, model, VIN and the value of the
vehicle):_______________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Tools, firearms (give values)______________________________________________________
______________________________________________________________________________
Antiques (give values)___________________________________________________________
______________________________________________________________________________
Jewelry (give values)____________________________________________________________
______________________________________________________________________________
Furniture (give values)__________________________________________________________
______________________________________________________________________________
Coins, art, collections (give values)________________________________________________
_____________________________________________________________________________
Claims or intangibles (give values)________________________________________________
_____________________________________________________________________________
Escrows or deposits_____________________________________________________________
______________________________________________________________________________
Deferred compensation agreements_______________________________________________
_____________________________________________________________________________
Miscellaneous__________________________________________________________________
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DEBTS
Mortgages on home, autos or other property (We will need: name of lien holder and balance
on mortgage; also specify if credit life insurance)
_______________________________________________________________________________
_______________________________________________________________________________
Signature loans at bank or other institutions (We will need: name of institution and balance
on loan; also specify if credit life insurance)
_______________________________________________________________________________
_______________________________________________________________________________
Current debts (utilities, credit card debts, etc.) (Please give amount of debt as of date of
decedent's death)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Medical & other expenses of last illness
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Funeral expenses (specify if burial insurance, social security or veteran's benefits):
_______________________________________________________________________________
_______________________________________________________________________________
Any other debts incurred prior to death_____________________________________________
_______________________________________________________________________________
Contingent liabilities_____________________________________________________________
_______________________________________________________________________________
Was decedent a trustee of any trust or other fiduciary (tutor, executor,
administrator)__________________________________________________________________
Trusts created by decedent________________________________________________________
Donations with I year prior to death________________________________________________
37
Information and Instruction
Sheet on Completing Probate Worksheet
1. Residence. if you reside outside of the Shreveport/Bossier area and will be unable to
come to the Shreveport/Bossier area for an appointment once you complete the Probate
Worksheet, you may mail your Probate Worksheet, once it is completed, to my office. Once I
receive the worksheet, I will prepare a draft of the succession and forward to you the draft
along with an estimate of the attorney's fees and costs. All of the necessary signatures can be
done by mail. The signatures need only be notarized in front of a Notary Public for the State
and Parish or County where the person signing is located. If you live outside of the Shreveport
/Bossier area and are having any problems, or have any questions with regard to the succession or
how to complete the Probate Worksheet, feel free to give me a call. For those who reside in the
local area, it is not necessary to give me a call prior to completing the Probate Worksheet unless you
have questions or problems have arisen at that time. Once the Probate Worksheet is completed or
completed to the best of your ability, just call and make an appointment to bring in the Probate
Worksheet along with the original will.
2. Legal Description of Property. In completing the Probate Worksheet, it is important to
have a complete legal description of any immovable property, land, homes, etc. That legal
description is found on any deed, mortgage, and sometimes on insurance papers. The following is
an example of a legal description:
Lot 29, Northland Estates Subdivision, Unit No. 2, a subdivision of Bossier City,
Bossier Parish, Louisiana, as per plat recorded in Book 339, Pages 582-583 of
the Conveyance Records of Bossier Parish, LA, together with all buildings and
improvements thereon.
If you do not have a legal description, it will be an additional $50 to obtain this
for you.
3. Estimating property values. You should estimate the value to the best of your ability.
It is not necessary to have a formal appraisal. A comparable price, or how other properties are
selling in your neighborhood is sufficient.
4. Furniture and furnishings. We usually use no more than 10% of the house value
.
5. Stocks and bonds. The prices and descriptions for stocks and bonds may be obtained
from monthly brokerage statements. You can put on the Probate Worksheet "See attached" and
bring in the statements.
If you wish the attorney to assist with stock transfer documents, there will be an additional
fee for this service.
6. Automobile. Use "blue book" price. (We can do this for you for a small additional fee).
38
7. Bank, Credit Union Accounts. List all accounts whether in the deceased's name or not,
unless the account is the separate property of the surviving spouse. "Separate property" is property
the deceased owned before marriage or property deceased inherited from a family
member. Just because an account is in only one (1) name does not make it that person's separate
property. If you are unsure, list the account and we will discuss it.
8. Property outside of Louisiana. If you have property in other states it may be necessary
to have an "ancillary" proceeding done by a lawyer in the other state. You should bring in
the legal description of the out-of -state property and we can determine if an ancillary probate
will be necessary. Recording of documents in other states does require additional costs and a small
additional fee.
9. Taxes. if the estate is under $1 million for deaths occurring after January 2002 only a
Louisiana return will be needed. spouses are exempt from inheritance taxes in Louisiana. if a
federal return is necessary, I will let you know. If your estate exceeds $1 million we should discuss
means to reduce federal estate taxes- This will include a discussion of family partnerships, trusts,
and other estate planning tools. The costs for these services varies, and will he quoted upon a further
discussion of your needs.
10. Attorney's Fees and costs. The average succession fees, which include probate, state
inheritance tax filing, and completion of the succession are $800 and up. This does not include
court costs which are $250 for Caddo Parish or $150 and up for Bossier Parish. I can give you a
costs estimate for other parishes. It is usually $200 and up. I will tell you exactly how much the
costs and fees will be when we have our first meeting.
11 Information on Preparation of Other Legal Documents. If I do your probate, then I
will also review your current will to see whether a new will is in order. I normally do not
charge to just review your will. You may also need to give someone your Power of Attorney, a
Power of Attorney for Healthcare, and a Living Will. I will give you a quote to do all of these
documents.
If there are any areas on the Probate Worksheet that you do not understand, feel free to
give me a call and ask any questions regarding filling out the form. It you get to the point that
you cannot complete any more of the form, just make an appointment to come in with the form not
fully complete. since every succession is different, there may be areas on the form that do not apply
to your situation. If they do not apply, either leave them blank or put not applicable.
If you have a question about a particular area on the worksheet and want to go ahead and come in,
just put a question mark by any area you have a problem with and we will go over it at our initial
meeting.
It normally takes approximately two (2) months to complete the succession. This two
(2) months is from the time that I get all of the information that I need to handle the succession.
It is necessary that any Louisiana inheritance tax that is due be paid prior to the final Judgment of
Possession (which closes the succession) being obtained. Even though there may not be any
immediate distribution to legatees, any inheritance taxes must be paid before the estate may be
closed. The estate is liable for the tax and no one may be placed in possession of any property until
the taxes have been paid.
Please feel free to call with any questions or comments.
Patricia N. Miramon
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B. POWER OF ATTORNEY WORKSHEET
1. Personal Information
Full Name:____________________________________________________________________
Address: _____________________________________________________________________
TelephoneNumber(s):___________________________________________________________
Date of Birth: _________________________________________________________________
Marital Status: ________________________________________________________________
Social Security Number:_________________________________________________________
a. State below the person or persons to whom you would like to give power to act on your
behalf.
Name: _______________________________________________________________________
Address: _____________________________________________________________________
Telephone Number: ____________________________________________________________
Social Security Number:_________________________________________________________
Relationship to you:_____________________________________________________________
b. If another person or alternate is desired, please provide me with the following: Alternate's
Name: _______________________________________________________________________
Address: _____________________________________________________________________
Telephone Number: ____________________________________________________________
Social Security Number:_________________________________________________________
Relationship to you:_____________________________________________________________
Do you wish this power to be limited in any of the following ways?
1. Used only if you are incapable?
_____yes _____no
2. Used only for a specific reason or purpose?
_____yes _____no
If yes, state the reason(s) or purpose(s) you would like this restricted to?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
3. Remain in effect if you become unable through illness or incapacity to revoke
it?
_____yes _____no
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4. Do you want a time limit on how long the power of attorney can be used?
_____yes _____no
If yes, how long?___________________________________________________
c. Do you have -a living will?
_____yes _____no
If so, does your living will give someone the power to make healthcare decisions?
_____yes _____no
Use this space for any questions or comments.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
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C. WILL WORKSHEET
I. Personal Information
Full Name:____________________________________________________________________
Address:______________________________________________________________________
Telephone Number(s):___________________________________________________________
Date of Birth___________________________________________________________________
Marital Status:_________________________________________________________________
Previous Marriage(s):____________________________________________________________
How did previous marriage(s) end? (State date, year and place):
_______________________________________________________________________________
Children (State full name and dates of birth):________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
II.
Are there any personal items which you wish to be left to any individual? If so, list the item
and the full name of the person to receive said item
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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III.
If there are not individual items you wish to give to any individual person, please give a brief
summary of how you would like your property to be disposed of at your death. If, for
instance, you wish all of your property to go to your children, simply say so and state the full
names of the people you wish to receive, and in what portion.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
IV.
Who would you like to name as alternate beneficiaries in the event that any of the
beneficiaries you have named predecease you?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
V.
State the person or persons you would like to name as executor of your will. List your first
choice and an alternate:
_______________________________________________________________________________
_______________________________________________________________________________
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CHAPTER 14 – SURVIVOR CHECKLIST
We offer you our service
After the death of a loved one, there are many details to handle.
This checklist can help you gather information you will need.
Early Steps
Complete
N/A
1. Purchase death certificate. Request approximately 10-15 certified copies depending on the
extent of the deceased's assets, loans, business and military affiliations. Sometimes photocopies
are not accepted. It may be less expensive to order the certificates at once. Check with your
funeral director for assistance.
Complete
N/A
2. Gather personal information. To report the death and handle business transactions, you will
need:
Social Security numbers for the deceased, the surviving spouse and dependent children.
The deceased's full name.
Date and cause of death.
A copy of the marriage certificate.
Copies of birth certificates for any dependent children.
Complete
N/A
3. Locate the Will and check for an established trust. Begin probate procedures where applicable.
Phone Calls to Make
Complete
N/A
4. Contact insurance companies to report the death and to submit claims for possible benefits,
including:
Life insurance.
Property and casualty insurance (auto and homeowners).
Health insurance.
Complete
N/A
5. Contact creditors to report the death and to check for credit life insurance or accidental death
life insurance benefits the deceased may have, including:
Home/real estate loans.
Auto loans.
Credit cards.
Complete
N/A
6. Contact banks/credit unions to report the death and check for insurance coverage on loans
Review savings and checking accounts for automatic deposits and withdrawals, and stop them if
necessary. You may need to open an account in your name if you do not already have one.
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Complete
N/A
7. Contact current and all former employers to report the death and to check for potential
benefits like group insurance, a pension or other benefits.
Complete
N/A
8. Contact fraternal organizations and associations. They may offer assistance or benefits.
Additional Contacts
Complete
N/A
9. Contact government agencies to notify the appropriate entities of the death and check for
possible benefits: BAFB: David Day 318 456-2212
Casualty Assistance Office at the nearest military installation -- for guidance regarding
military benefits and entitlements if your spouse is retired military.
To request DD214 military record form call (800) 318-5298 (www.archives.gov).
Department of Veterans Affairs: (800) 827-1000 -- for settlement of veteran insurance
programs such as SGLI, VGLI, NSLI, USGLI or DIC. Ask about benefits for the surviving
spouse and eligible children. (www.va.gov)
Defense Finance and Accounting Service: (800) 321-1080 -- for settlement of military retired
pay and to start the application process for survivor annuity benefits such as RSFPP, SBP,
RCSBP and SSBP. (www.dfas.mil)
Social Security Administration: (800) 772-1213 -- to stop social security payments, if any.
Surviving spouses and dependent children may also be eligible for death and/or survivor
benefits. (www.ssa.gov)
Office of Personnel Management: (888) 767-6738 -- to report the death and check on
benefits if the deceased was a retired Civil Service employee. (www.opm.gov)
Tragedy Assistance Program for Survivors: (800) 959-TAPS -- provides a support network
for the surviving families of those who have died in service to America. (www.taps.org)
More Suggestions
Review financial paperwork. Look at check stubs, cancelled checks, stocks and bonds, real estate, safe deposit
information, etc. for clues to additional assets, benefits or obligations. Be sure to check incoming bills.
Review income tax forms. File all necessary tax returns.
Talk to a financial professional. This is a good time to review your own life insurance and financial needs -- including
your will. Make sure ownership and beneficiary designations are current.
Contact a lawyer. Complicated estates may require legal help.
Remember: You may need to make financial decisions regarding joint accounts, titles and deeds to vehicles/real
estate, and retirement and investment accounts. Please consult a tax or financial professional before taking action.
There could be tax implications with ownership changes and asset transfers.
For military and family support services, contact Military OneSource (800) 342-9647 (www.militaryonesource.com) they can provide information and links to the American Red Cross and other military emergency resources.
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CHAPTER 15— ADDITIONAL RESOURCES & PHONE No's
Army Survivor Benefits
Army Casualty
Tel. 1-800-626-3 317
http://www.armycasualty army mil
Air Force Survivor Benefits
Air Force Casualty
Tel. 1-800-43 3-0048
http//:ask.afpc.randolph.af.mil
Navy Survivor Benefits
Navy Casualty
Tel. 1-800-368-3202
http://www.lifelines.navy.mil
Coast Guard Survivor or Benefits
http://www.useg.mil/HQ/psc/sbp.resbp.shtm
Social Security Administration
Tel. 1-800-772-1213
Expedited Claim Unit.
Tel. 1-866-777-7887 http://www.ssa.gov
Marine Corps Survivor Benefits Marine
Corps Casualty
Tel. 1-800-847-1597
http://www.manpower.usmc.mil
Defense Finance & Accounting Service
(DFAS)
Tel. 1-800-321-1080
http://www.dod.mil/dfas/
Veterans Benefits Administration
Tel. 1-800-827-1000
TDD: 1-800-829-4833
http://www.va.gov
Financial Point: 1-888-243-7351
National Cemetery Administration
Tel. 1-800-827-1000 http://www/cem.va.gov
Montgomery GI Bill/VEAP Refund
Tel. 1-888-442-4551
Memorial Programs Service
Tel. 1-800-697-6947
Headstones & Markers:
Tel. 1-800-697-6947
Survivor Benefits
Tel. 1-800-827-1000
http://www.vba.gov/survivors/indes/htm
Presidential Memorial Certificate Program
Tel. 202-565-4259
Veterans Health Administration
Tel. 1-877-222-8387
http :ll www l .va.gov/health
NW Louisiana War Veterans Home
PO Box 8570, Bossier City, LA 71113-8570
Tel. 318-741-2763 FAX 318-741-2783
www.VetAffairs.com
Bereavement Counseling
Tel. 202-273-9116
Vet.center@HQ.med.va.gov
NW Louisiana Veterans Cemetery
7960 Mike Clark Rd, Keithville, La 71047
Tel. 318-925--0612
Arlington National Cemetery
703-607-8585 or 703-607-8585
http://arlingtoncemetery. org
Tricare: General:
1-888-363-9116
North Region:
1-877-874-2273
West Region:
1-888-874-9378
South Region:
1-800-444-5445
Tricare: http://www.tricare.osd.mil
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