NORCOR Jail Roster – Wasco, Hood River, Sherman, Gilliam Counties
https://www.norcor.co/adult/inmates/
Serving the Counties of Wasco, Hood River, Sherman & Gilliam.
Northern Oregon Regional Corrections Facility
Oregon Eligibility for diversion
Whether a person qualifies for a Driving under the influence of intoxicants diversion is governed by statute. The statute that applies is Oregon Revised Statue (“ORS”) 813.215.
813.215 Eligibility for diversion. (1) A defendant is eligible for diversion if the defendant meets all of the following conditions:
(a) On the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement, the defendant had no charge, other than the charge for the present offense, pending for:
(A) An offense of driving while under the influence of intoxicants in violation of:
(i) ORS 813.010; or
(ii) The statutory counterpart to ORS 813.010 in another jurisdiction;
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination thereof; or
(C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.
(b) The defendant has not been convicted of an offense described in paragraph (a) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.
(c) The defendant has not been convicted of a felony offense described in ORS 813.010 (5)(a).
(d) The defendant was not participating in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or any similar alcohol or drug rehabilitation program as a result of the charge for the present offense or a charge for violation of ORS 471.430.
(e) The defendant did not participate in a diversion or rehabilitation program described in paragraph (d) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or rehabilitation program described in paragraph (d) of this subsection as a result of the charge for the present offense or a charge for violation of ORS 471.430.
(f) The defendant had no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.
(g) The defendant has not been convicted of an offense described in paragraph (f) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.
(h) The defendant did not hold commercial driving privileges on the date of the commission of the offense.
(i) The defendant was not operating a commercial motor vehicle at the time of the offense.
(j) The present driving while under the influence of intoxicants offense did not involve an accident resulting in:
(A) Death of any person; or
(B) Physical injury as defined in ORS 161.015 to any person other than the defendant.
(2) For the purposes of subsection (1)(a) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.
(3) A defendant is eligible for a second or subsequent diversion if the defendant meets all of the conditions of subsection (1) of this section and the defendant has not been convicted of any other criminal offense involving a motor vehicle within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for the second or subsequent driving while under the influence of intoxicants diversion agreement. [1987 c.441 §3; 1997 c.749 §5; 1999 c.445 §1; 1999 c.1051 §295; 2005 c.649 §29; 2007 c.122 §11; 2007 c.867 §14; 2007 c.879 §10; 2009 c.515 §1; 2013 c.134 §1; 2013 c.237 §28; 2016 c.24 §62; 2017 c.21 §85]
When looking at a statute, lawyers look for cases that have interpreted the statue, so they can apply it to their own particular set of circumstances. The most commonly referenced cases for ORS 813.215 are:
Under this section, person who has participated in driving under influence diversion program in last 10 years is disqualified from another diversion even if previous program did not include drug or alcohol component. State v. Underwood, 91 Or App 668, 756 P2d 72 (1988), Sup Ct review denied
Court should not have used conviction as basis for mandatory denial of diversion where there was complete absence of any evidence that defendant voluntarily and intelligently waived right to counsel at time of that conviction. State v. Manfredonia, 105 Or App 537, 805 P2d 738 (1991)
Participation in “similar drug or alcohol rehabilitation program” includes program participation ordered for reasons other than DUII conviction. State v. Dunbrasky, 122 Or App 90, 856 P2d 1054 (1993); State v. Young, 196 Or App 708, 103 P3d 1180 (2004), Sup Ct review denied; State v. Lagrassa, 235 Or App 150, 230 P3d 96 (2010), Sup Ct review denied
Drug or alcohol rehabilitation program may be “similar” to diversion program, notwithstanding that sanction avoided through attending rehabilitation program was not criminal in nature. State v. Wright, 204 Or App 724, 131 P3d 838 (2006)
Person who holds, but is not qualified to use, commercial driver license is barred from entering diversion program. State v. Orueta, 343 Or 118, 164 P3d 267 (2007)
Barring commercial drivers from entering diversion program available to noncommercial drivers does not violate constitutional guarantee of equal protection. State v. Orueta, 343 Or 118, 164 P3d 267 (2007)
Statute of other jurisdiction may be “statutory counterpart” of Oregon statute for driving under influence of intoxicants if statutes share sufficient common uses, roles and characteristics, despite possible difference in substantive scope. State v. Rawleigh, 222 Or App 121, 192 P3d 292 (2008)
Diversion program means all special and general conditions that, if satisfied, permit defendant to avoid conviction. State v. Ellis, 224 Or App 478, 199 P3d 359 (2008), Sup Ct review denied
Participation in diversion or rehabilitation program requires interactive involvement with program. State v. Parker, 235 Or App 40, 230 P3d 55 (2010)
Statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction may include statutory offense involving impaired driving of vehicle due to use of intoxicating liquor or involving operation of vehicle while having impermissible blood alcohol content. State v. Donovan, 243 Or App 187, 256 P3d 196 (2011)
When read with ORS 801.307, this section makes ineligible for diversion defendant to whom Oregon Department of Transportation issued commercial driver license where at time of offense, license was not expired, cancelled or revoked even though defendant did not meet all requirements to hold valid license. State v. Crisafi, 271 Or App 267, 350 P3d 519 (2015)
12 Things your must do for Estate Planning
12 Simple Steps to an Estate Plan
A checklist to help you take care of your family by making a will, power of attorney, living will, funeral arrangements, and more.
You may have heard that you need to make an “estate plan,” but what does an estate plan cover and how do to make one? Here is a simple list of the most important estate planning issues to consider.
1. Make a will.
In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.
2. Consider a trust.
If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.
3. Make health care directives.
Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)
4. Make a financial power of attorney.
With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).
5. Protect your children’s property.
You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.
6. File beneficiary forms.
Naming a beneficiary for bank accounts and retirement plans makes the account automatically “payable on death” to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.
7. Consider life insurance.
If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.
8. Understand estate taxes.
Most estates — more than 99.7% — won’t owe federal estate taxes. For deaths in 2017, the federal government will impose estate tax at your death only if your taxable estate is worth more than $5.49 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity are exempt from the tax.
9. Cover funeral expenses.
Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.
10. Make final arrangements.
Make your end-of-life wishes known regarding organ and body donation and disposition of your body — burial or cremation.
11. Protect your business.
If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.
12. Store your documents.
Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
will
trusts
insurance policies
real estate deeds
certificates for stocks, bonds, annuities
information on bank accounts, mutual funds, and safe deposit boxes
information on retirement plans, 401(k) accounts, or IRAs
information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
information on funeral prepayment plans, and any final arrangements instructions you have made.
Keeping your documents organized will be a great help to your survivors.
T-Mobile Scam – Fake ringing (spoofed)
For over a decade, I was an end user of T-Mobile. Their service, though spotty, was often remedied through good customer service. I remember often making calls, later following-up with the non-answering party, only to find they had, “no missed call.”
Anyone who has had a cell phone has often heard the different “ringing” sounds (Short, Fast, Long, Loud, Soft). I’ve never figured out which are real, and which are an indication of call failure.
I eventually switched carriers to something more reliable, as my business grew, and call drops were no longer an option.
It comes as no surprise that I recently ran across a story in which T-Mobile was conclusively and deceptively faking call connections. It confirms my suspicion. I expect more Cell providers to have similar practices revealed.
A $40 Million dollar fine sounds like a lot, but, I know it’s nothing, especially when I see as many television commercials as T-Mobile airs (I wonder what the average cost of each of those). I also wonder whether this fine can be written off (even a 50% write off).
All and all, having communication at our fingertips is a privilege not a right. But, providers should not be deceptive when connecting calls. I’d rather know that a call was not connected, especially because I leave few messages (assuming the call-missing party will return the missed call, if they so choose).
T-Mobile, Et Al Providers, just be honest. If I don’t have service, don’t fake the ring.
Removing abandoned vehicle from private property
The rules in Oregon for towing an abandoned vehicle on private property are determined by statute.
Oregon Revised Statute (“ORS”) 98.830 Towing abandoned vehicle from private property; conditions; immunity from civil liability; lien for towage. (1) A person who is the owner, or is in lawful possession, of private property on which a vehicle has been abandoned may have a tower tow the vehicle from the property if:
(a) The person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed;
(b) The notice required by paragraph (a) of this subsection remains on the vehicle for at least 72 hours before the vehicle is removed; and
(c) The person fills out and signs a form that includes:
(A) A description of the vehicle to be towed;
(B) The location of the property from which the vehicle will be towed; and
(C) A statement that the person has complied with paragraphs (a) and (b) of this subsection.
(2) A tower who tows a vehicle pursuant to this section is immune from civil liability for towing the vehicle if the tower has a form described in subsection (1) of this section, filled out by a person purporting to be the owner or a person in lawful possession of the private property from which the vehicle is towed. This subsection does not grant immunity for any loss, damage or injury arising out of any negligent or willful damage to, or destruction of, the vehicle that occurs during the course of the towing.
(3) A tower is entitled to a lien on a vehicle towed under this section and its contents for the tower’s just and reasonable charges. The tower may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towage, care and storage have been paid if the tower complies with the requirements of ORS 98.812 (2).
(4) The lien created by subsection (3) of this section may be foreclosed only in the manner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS 87.152. [1995 c.758 §1; 2007 c.538 §12; 2017 c.480 §4]
The statute is fairly clear. I recommend my clients take photos of any notice they affix to assist in proving cases in court, should it become necessary.
Chapter 7 Bankruptcy; What is it and how to file?
Chapter 7 bankruptcy is the fastest and most common form of consumer bankruptcy. It’s a tool to resolve overwhelming debt under the protection of a federal court. You may have to give up some assets, like an expensive car or jewelry, but the vast majority of filers do not.
This type of bankruptcy forgives most unsecured debts, that is, debts without collateral, like medical bills, credit card debt and personal loans. However, some forms of debt, such as back taxes, court judgments, alimony and child support, and student loans generally aren’t eligible.
Chapter 7 bankruptcy will leave a serious mark on your credit reports for 10 years. During this time you’ll likely find it harder to get credit. Even so, you’ll probably see your credit scores start to recover in the months after you file.
Do you qualify for Chapter 7 bankruptcy?
To qualify for Chapter 7 bankruptcy you:
Must pass the means test, which looks at your income, assets and expenses.
Cannot have completed a Chapter 7 in the past eight years or a Chapter 13 bankruptcy within the past six years.
Cannot have filed a bankruptcy petition (Chapter 7 or 13) in the previous 180 days that was dismissed because you failed to appear in court or comply with court orders, or you voluntarily dismissed your own filing because creditors sought court relief to recover property they had a lien on.
How do you file Chapter 7 bankruptcy?
You can probably complete the process within six months. You’ll have to follow several steps.
Credit counseling: You must complete pre-file bankruptcy counseling from a qualified nonprofit credit counseling agency within 180 days before filing.
Find an attorney: Before diving into the various forms required to file Chapter 7, find a qualified bankruptcy attorney to help. It’s hard to find money for a lawyer when you need debt relief, but this is not a DIY situation. Missing or improperly completed paperwork can lead to your case being thrown out or not having some debts dismissed.
File paperwork: Your attorney will help with filing your petition and other paperwork. But it’s on you to gather all relevant documentation of your assets, income and debts. An automatic stay goes into effect at this point, meaning that most creditors cannot sue you, garnish your wages or contact you for payment.
Trustee takes over: Once your petition is filed, a court-appointed bankruptcy trustee will begin managing the process.
Meeting of creditors: The trustee will arrange a meeting between you, your lawyer and your creditors. You’ll have to answer questions from the trustee and creditors about your bankruptcy forms and finances.
Your eligibility is determined: After reviewing your paperwork, the trustee will confirm whether you’re eligible for Chapter 7.
Nonexempt property handled: The trustee determines whether assets that aren’t exempt are worth selling so proceeds can go to creditors. Nonexempt property can be jewelry, or the equity in your house or car if it’s higher than your state’s exemption limit. The majority of individual Chapter 7 cases, however, are “no asset” cases where there are no nonexempt items to liquidate.
Secured debts: To resolve your secured debts, the property held as collateral may be ordered returned to the creditor. Or you may be able to redeem the collateral (you pay the creditor what it’s worth now) or reaffirm the debt (arrange to exclude the debt from bankruptcy and continue to pay it back).
Education course: Before your case is discharged, you’ll have to take a financial education course from a qualified nonprofit credit counseling agency.
Discharge: Three to six months after filing your petition, your case will be discharged, meaning that eligible debts are forgiven. Shortly thereafter your case will be closed.
Is Chapter 7 bankruptcy right for you?
Chapter 7 makes sense when:
You don’t have many assets.
Your problem debts total more than 40% of your annual income.
Your problem debts can be discharged, or forgiven, by Chapter 7. These include debts such as medical bills, credit card debt and personal or payday loans.
It would take five years or more to pay off your debt, even if you took extreme measures
Some debts typically can’t be erased in bankruptcy, including recent taxes, child support and student loans. Bankruptcy still may be an option for you, though, if erasing other kinds of debt would free up enough money to pay the debts that can’t be erased.
The other common form of consumer bankruptcy, Chapter 13, may be better if you have more assets or secured debts, and can repay some or all of what you owe.
Other debt relief options are available, too, such as a debt management plan through a credit counseling agency. Take advantage of the free initial advice that credit counselors and many bankruptcy attorneys offer before deciding on a path.
Rebuilding after bankruptcy
Your financial life — particularly your credit — will need some attention after bankruptcy, but having many debts resolved gives you a good starting point.
Take two steps to rebuild after bankruptcy:
1. Make a financial plan: Build a budget, create financial goals, and consider enlisting the free help of a nonprofit credit counselor to help you along the way.
2. Restore your credit: Make all payments on time, keep your credit balances low and dispute mistakes on your credit reports.
Chapter 7 Bankruptcy – Filing without an attorney
Filing for bankruptcy is a serious matter. The consequences may outweigh the benefits.
It is strongly recommended that anyone considering filing bankruptcy consult with an experienced bankruptcy attorney.
The Oregon State Bar has a Lawyer Referral Service which will direct you to an attorney who has agreed to provide a limited consultation at reduced rates. Call (503) 684-3763 or toll free in Oregon at (800) 452 -7636.
Anyone who is considering the filing of a Chapter 7 case can attend an informational Bankruptcy Clinic.
Low income individuals may be eligible to have a volunteer lawyer represent them for free (although you may still have to pay the required filing fee). Call Legal Aid Services of Oregon (LASO) at:
(503) 224-4086 [Portland Regional Office] for the following counties: Clackamas, Columbia, Hood River, Multnomah, Wasco, Washington, and Yamhill
(541) 385-6944 [Central Oregon Office] for the following counties: Crook, Deschutes, and Jefferson
(541) 276-6685 [Pendleton Regional Office] for the following counties: Gilliam, Morrow, Umatilla, Union, Wallowa, and Wheeler
Individual debtors who file for bankruptcy relief must receive a credit counseling briefing within 180 days before the bankruptcy filing.
Court personnel are prohibited from giving you legal advice.
Most debts are dischargeable in bankruptcy. However, certain individual debts may not be dischargeable. The most common examples are: taxes; domestic support obligations; student loans; most fines, penalties, forfeitures, or criminal restitution; debts for personal injury or death caused by your operation of a motor vehicle while intoxicated; and debts which were not properly listed on the bankruptcy petition and schedules.
Featured Tax Changes – 2018
This post will come with the standard disclaimer that I am not a tax attorney, nor does this information constitute legal advice. However, this list sets forth in my opinion, the key changes for 2018 taxes.
List Credit: CNBC
Standard deductions
Those who are married and filing jointly will have an increased standard deduction of $24,000, up from the $13,000 it would have been under previous law.
Single taxpayers and those who are married and file separately now have a $12,000 standard deduction, up from the $6,500 it would have been for this year prior to the reform.
For heads of households, the deduction will be $18,000, up from $9,550.
Personal exemption
The personal exemption has been eliminated with the tax reform bill.
Top income tax rate
A new 37 percent top rate will affect individuals with incomes of $500,000 and higher. The top rate kicks in for married taxpayers who file jointly at $600,000 and up.
Tax Bracket Breakdown.
Child tax credit
The child tax credit has been raised to $2,000 per qualifying child, those who are under 17, up from $1,000. A $500 credit is available for dependents who do not get the $2,000 credit.
Mortgage interest
The deduction for interest is capped at $750,000 for mortgage loan balances taken out after Dec. 15 of last year. The limit is still $1 million for mortgages that were established prior to Dec. 15, 2017.
State and local taxes
The itemized deduction is limited to $10,000 for both income and property taxes paid during the year.
Contribution limits for retirement savings
Employees who participate in certain retirement plans ‒ 401(k), 403(b) and most 457 plans, and the Thrift Savings Plan – can now contribute as much as $18,500 this year, a $500 increase from the $18,000 limit for 2017.
Savings in IRAs
Savers who contribute to individual retirement accounts will have higher income ranges following cost-of-living adjustments. Note that the deduction phases out for individuals and their spouses who are covered by workplace retirement plans.
For single taxpayers, the limit will be $63,000 to $73,000.
For married couples, the phaseout range will vary depending on whether the IRA contributor is covered by a workplace retirement plan or not. When the spouse who is investing has access to an employer plan, the range is $101,000 to $121,000. For individuals who don’t have a retirement plan but are married to someone who does, the phaseout has been raised to $189,000 to $199,000.
The phaseout was not adjusted for married individuals who file a separate return and who are covered by a workplace retirement plan. That range is $0 to $10,000.
Contributions to Roth IRAs
For individuals who are single or the heads of their households, the income phaseout has been raised to $120,000 to $135,000. For married couples who file jointly, the range climbs to $189,000 to $199,000.
The phaseout was not adjusted for married individuals who file a separate return. That is $0 to $10,000.
WHY DO WE NEED A QDRO ATTORNEY?
You are in mediation with Divorce Mediation Group to work out all of your agreements, and one of your motivations for the mediation process is to save on legal fees. Then the Mediator starts talking about pensions, QDROs, and the recommendation to seek the services of a “QDRO attorney.” Why? What is this?
First, “QDRO” is an acronym (one of many in family law) that means Qualified Domestic Relations Order. It is a specific and separate order in a family law case that may be required under federal law if the division of a pension is to be enforceable. Whether or not a QDRO is required sometimes depends on the advice of counsel. Even some pensions that do not require a QDRO because they are government plans, still require a special and different order (DRO) for the same reasons of enforceability.
If you have assets in your family law case that have names like pension plan, profit sharing plan, 401(k) Plan, ESOP, to name a few, you are in QDRO country. Once that is determined, when it is best to seek the consultation with a pension attorney? As soon as possible. “But we are just dividing it equally, we don’t need one,” you may think or say. Wrong. Besides the need for the specific Order to carry out your agreement, there are other decisions to make in that process:
Is there a separate property portion of the pension asset (earned prior to marriage or after date of separation?)
Are there survivor benefits to allocate?
Are there different elections within a Plan to be made?
What is the date for division?
What is the exact name of the Plan, the Administrator?
Is there any equalization being done, either within the pension asset or against other assets?
Are there any loans against the pension asset?
Are there provisions within the Plan documents regarding remarriage and how they affect benefits?
Who is going to obtain the pension attorney? Do we need one or two?
Who is going to pay for the preparation of the separate Order?
These are but a few of the questions to be answered, and there may be more. Every pension-type asset can be unique. Certainly, these issues can be mediated, but they need to be first identified by the pension attorney. When? It is always better to have adequate information about an issue before mediating that issue. In addition, agreements concerning pension assets need to be coordinated into the MSA (Marital Settlement Agreement – another acronym) language.
There are many qualified pension attorneys in San Diego that we believe can consult with you during your Mediation process for purposes of identifying the issues to be decided and prepare the necessary documents for enforcement of your ultimate agreement.
Consider visiting one of these professionals at the beginning of your matter to ensure you understand all of the options available to you when dividing pension assets.
10 Essential Estate Planning Tips Everyone Should Know
More than half of all American adults don’t have a will, and that can cause all kinds of problems if tragedy strikes.
The death of both parents in an accident can leave their children’s fate up to a judge. Assets in a blended family may not end up being distributed the way you would like. And, if you’re incapacitated but not killed, the choices made about your medical care may not be those you would want.
Estate planning can save you from all those unfortunate outcomes. Nearly everyone should do some basic estate planning, even those with few assets.
“Spending a little time to get all your affairs in order is one of the best gifts you can give your family,” says Stephen White, regional leader of wealth planning for BMO Wealth Management in Milwaukee.
If you die without a will, state law determines who gets your assets. If you’re single and childless, that may mean your estate goes to your parents or your siblings. If you’re married, your assets may all go to your spouse, or be split between your spouse and children of another marriage. If you’re part of an unmarried couple, your estate goes to your biological family, not your partner. In many cases, this may not be what you want.
“I think it’s important for people to think about what happens if they don’t have a will in place,” says Bob Phillips, managing partner of Spectrum Management Group in Indianapolis. “There’s one written for you by the state.”
Estate planning is especially important for unmarried couples and blended families. State law awards assets to biological relatives if there is no will and an unmarried partner will be shut out. Blended families may want to split assets between current spouses and children of previous marriages, or they may not. “There’s always a way to find a way to have the assets flow the way you want to if you plan it in advance,” Phillips says.
Even after you’ve put together an estate plan, you should review it from time to time based on changes in your life, but everyone should check at least every five years. Heirs may have died or remarried, or the person you chose to administer your estate may no longer be capable. If you marry or divorce, you should review your estate plan, too.
Once you’ve created a plan, make sure your heirs know where to find the documents. You can keep them in a strongbox at home or in your lawyer’s vault, or both.
“One place you should not keep these is in a safe-deposit box in a bank,” says E. Richard Baum, partner at Anchin, Block & Anchin in New York. Your heirs may not be able to get to them immediately. “Death freezes everything,” he says.
Exactly what you need in your estate plan depends on your assets and your family situation. Business owners will need a succession plan, and parents of children with special needs may need to set up a special needs trust. But options exist for people of all income levels, no matter how you would like your assets distributed after your death.
[Read: 5 Mistakes Can Implode an Estate Planning Strategy.]
“I like to say that a will is a blank canvas, and you can really craft it to meet your needs, your values, your wishes,” Baum says.
Here are 10 essential elements for estate planning:
Guardianship plan for minor children.
Who will raise your children if both parents are killed in an accident? It’s also important to plan for how any life insurance payouts and money you leave to your children will be handled for their benefit. “Unless you’ve got a very savvy sibling, it’s better to have the money placed in a trust,” Phillips says. “We all like to think the best of everybody, especially our siblings, but there have been many cases historically when money wasn’t used the way it was supposed to be used.”
Will.
A will determines where your assets that are outside a trust and don’t have beneficiaries will be distributed. That could be your home, your car, your bank accounts or your personal possessions.
Executor.
When you draw up your will, you need to choose someone who will carry out your wishes. A simple estate can be handled by a friend or relative, with the help of an estate lawyer, but a more complex estate may require professional management.
Trust.
A living trust serves two purposes: It allows you to pass on assets without going through the public probate process, and it allows someone else to manage your affairs if you become incapacitated. Your trust can own your house, your car, your bank accounts and other assets. You make yourself trustee, but you also appoint a successor trustee who will take over if you die or can’t manage your own affairs. “While you’re alive, it’s essentially an extension of you as a person,” Phillips says.
Medical power of attorney
This names someone to make medical decisions for you if you’re unable to make them yourself. “Doctors want to be able to deal with the family and know who has the power to make decisions,” White says. “It avoids the threat of people having conflict over what you may have intended.”
Living will
This is also called an advance directive. It provides guidance to the person making medical decisions about what you would want in certain scenarios. Under what circumstances would you want to be kept alive with a ventilator or a feeding tube, for example? It’s wise to discuss these issues with your family and with whoever has your medical power of attorney, so they will understand your wishes.
Financial power of attorney
This allows someone to manage your financial affairs. You can limit it to certain functions or make it all- encompassing. A couple may want to sign such documents designating each other to act at anytime. Or, you may want what is called a springing power of attorney, which only takes effect if a doctor declares you incapacitated. “The power of attorney is frequently overlooked,” Baum says. “These documents avoid significant disruptions in their financial lives.”
Tax planning
People who are wealthy enough to face federal and state estate taxes may need plans to minimize their tax bite, and those plans are best structured by a professional. Federal estate taxes kick in at estates values at $5.45 million, but some states have lower thresholds. For the less wealthy, remember that your heirs will have to file your income tax return, so make sure they can find the information.
Beneficiaries
Retirement accounts, pensions, life insurance and brokerage accounts are passed through beneficiary designations, not a will. It’s important to keep these current, or you ex-husband may end up inheriting.
How you hold assets. Some joint assets pass automatically to the surviving partner upon death. Others may not. Make sure you’re holding title to homes, bank accounts and other possessions the way that will benefit the two of you.