OCD Trust Discovery

Comprehensive Trust Discovery Questionnaire

This questionnaire is designed to gather essential information to help determine the most appropriate type of trust and structure for your unique needs. Please answer each question as thoroughly as possible.

1. Personal Information

• Full Name:
• Date of Birth:
• Marital Status:
• Occupation:
• Primary Residence:
• Contact Information:
  • Phone:
  • Email:
• Citizenship:
• State/Country of Residence:

2. Estate and Asset Information

• Approximate Net Worth:
• Types of Assets Owned (Check all that apply):
  • Real Estate
  • Business Interests
  • Stocks/Bonds/Investments
  • Cash/Savings Accounts
  • Retirement Accounts (IRA, 401(k), etc.)
  • Life Insurance Policies
  • Personal Property (Jewelry, Art, Vehicles, etc.)
  • Intellectual Property
  • Other (Please specify):
• Estimated Value of Each Asset Type:
  • Real Estate:
  • Business Interests:
  • Investments:
  • Cash/Savings:
  • Retirement Accounts:
  • Life Insurance:
  • Personal Property:
  • Other:

3. Goals and Objectives

• Primary Goal(s) for Establishing a Trust (Rank in order of importance):
  • Asset Protection
  • Estate Planning and Distribution
  • Tax Reduction
  • Providing for Minor Children or Dependents
  • Protecting Vulnerable Beneficiaries
  • Privacy and Confidentiality
  • Business Succession Planning
  • Charitable Giving
  • Investment Management
  • Other (Please specify):
• Do you want the flexibility to modify or revoke the trust during your lifetime? (Yes/No)
• Are you concerned about avoiding probate? (Yes/No)
• Is protecting your assets from creditors a priority? (Yes/No)
• Do you want to provide specific instructions for how beneficiaries receive their inheritance? (Yes/No)
• Are you interested in deferring capital gains taxes on real estate investments (1031 Exchange)? (Yes/No)
• Do you want the trust to operate under a specific state’s statutory laws? (Yes/No)

4. Personal and Underlying Motivations

• What are the most important things you want to protect with this trust? (e.g., family assets, business interests, legacy)
• Why is it important for you to establish this trust now?
• What fears or concerns do you have regarding your estate or assets? (e.g., loss of control, potential disputes among heirs, financial security for loved ones)
• Who or what are you most concerned about providing for through this trust? (e.g., children, spouse, charitable causes)
• What legacy do you hope to leave behind?
• Are there specific values or principles you want to ensure are upheld through the management and distribution of your assets?
• What potential risks or challenges do you foresee that this trust should address? (e.g., family conflict, financial mismanagement by heirs, legal disputes)

5. Beneficiary Information

• Number of Beneficiaries:
• Relationship to Beneficiaries (Children, Spouse, Siblings, Charities, etc.):
• Are any beneficiaries minors or financially inexperienced? (Yes/No)
• Are any beneficiaries with special needs or vulnerable in any way? (Yes/No)
• How do you want assets distributed to beneficiaries?
  • Lump Sum Distribution
  • Staggered Payments (e.g., certain ages or milestones)
  • Specific Conditions for Distribution
  • Lifetime Income Stream
  • Other (Please specify):
• Would you like to include charitable organizations as beneficiaries? (Yes/No)
• Would you like to provide for future generations (e.g., grandchildren)? (Yes/No)

6. Trustee and Management Preferences

• Who do you want to serve as the trustee? (Self, Family Member, Professional Trustee, Corporate Trustee, etc.)
• Would you like to appoint a Trust Protector to oversee the trustee’s actions? (Yes/No)
• If selecting a professional trustee, what qualities or experience are most important to you?
• Are you comfortable giving the trustee full discretion over asset management? (Yes/No)
• Would you like to establish a successor trustee in case the primary trustee is unable to serve? (Yes/No)
• Are there specific instructions you want the trustee to follow regarding asset management? (Yes/No; If Yes, please specify):

7. Legal and Tax Considerations

• Are you concerned about estate taxes? (Yes/No)
• Do you have a preference for pass-through taxation to beneficiaries? (Yes/No)
• Are you planning for long-term care and Medicaid eligibility? (Yes/No)
• Would you like to reduce your taxable estate? (Yes/No)
• Do you want to take advantage of specific tax benefits available through charitable giving? (Yes/No)
• Are there specific state laws or jurisdictions you want the trust to comply with? (Yes/No; If Yes, please specify):
• Do you currently have a will? (Yes/No)

8. Trust Type Preferences

• Do you prefer a trust that becomes irrevocable upon your death? (Yes/No)
• Are you interested in a trust that allows you to retain control during your lifetime? (Yes/No)
• Would you like a trust that is entirely private and not subject to statutory requirements? (Yes/No)
• Are you looking to establish a trust for business or investment purposes? (Yes/No)
• Would you like the trust to have a predetermined end date or terminate upon certain conditions? (Yes/No)
• Do you need a trust that can hold and manage specific types of assets, such as real estate or business interests? (Yes/No)

9. Additional Information and Considerations

• Is there anything else you would like to include or address in your trust? (Please specify):
• Do you have any special family dynamics or circumstances that should be considered in structuring the trust? (Yes/No; If Yes, please describe):
• Are there any specific concerns or goals not covered in this questionnaire? (Yes/No; If Yes, please describe):

Next Steps

Once you have completed this questionnaire, we will review your responses to determine the most suitable trust structure for your needs. This information will serve as the foundation for creating a trust that aligns with your goals, provides the necessary protections, and ensures your wishes are honored.

Please ensure that all information is accurate and complete, as this will help us provide the best possible recommendations for your estate planning and trust formation.