How Do I Use a Power of Attorney to Prevent My Mother and Stepdad from Making Poor Decisions?
I am the alternate agent under my mother's durable power of attorney. My stepdad is named as the primary agent. My mom and st...Read more
While it is important to have an updated estate plan, there is a great deal of information that your heirs should know that does not necessarily fit into a will, trust, or other components of an estate plan.
The solution is a letter of instruction, which can provide your heirs with guidance if you die or become incapacitated.
A letter of instruction is a planning document, or a series of documents, that gives your loved ones instructions on handling certain matters related to your passing or incapacity. These items are often not addressed in a will or other estate planning documents.
However, letters of instruction can refer to provisions of your will and provide greater detail than what may be set forth in the will.
While letters of instruction are not legally binding, they can provide information quickly and easily to your family. This may include the following:
These instructions may also be helpful in the event you become incapacitated.
In addition, unlike a will, which requires a formal process, you can update your letters of instruction over time or as your circumstances change.
You can prepare several different types of “instructive” documents in advance. One such document is a personal property memorandum.
A common will provision states tangible personal property will be given to or split amongst various heirs. Often, your executor or personal representative may be at a loss as to what to do with specific items. Knowing what you would have wanted can make a big difference.
Much of our personal property has sentimental value as opposed to market value. However, your representative may not know the details of those items that are particularly special to you. You can use a personal property memorandum to describe specific tangible property and who should receive it.
So, for example, if you have a collection of holiday decorations you know your daughter loves but perhaps your son has no interest in, you can describe these items and request they be given to your daughter.
Note, too, that there are online services available to help you in outlining how to divide your personal property equitably among your loved ones. Services like FairSplit.com offer resources and video tips on this front, as well as a sample letter of instruction.
Another instructive document is a Remembrance and Services memorandum. This document can guide your representative, family, and friends on how you wish your remains to be handled, what type of funeral arrangements you would like or may have pre-arranged for, and any desires for your remembrance.
This set of instructions are a good way for you to:
Another option is the creation of a “portfolio,” which summarizes all the documents you have created by name and category. This may be useful when you need others to help you manage your affairs.
You can also use it as a way to provide any information your representative, agents, or trustee may need to make decisions for you and per your wishes. It can be a big help when these people are grieving, distraught, or unable to think clearly.
As part of this portfolio, you may wish to include a letter advising them on how you would like matters handled. Although not legally binding, it can help bridge the gap and answer questions about your intentions.
You can also use this as an opportunity to tell loved ones where originals or important documents are stored, how to access them, who has copies, whether you have a power of attorney, if you have created documents regarding your health care wishes, and much more. In an age where people have less of a paper trail and more of an electronic existence, this can be invaluable and make your loved ones’ ability to act more seamless.
So, why consider letters of instruction of any kind? The best reason is that upon a person’s death or incapacity, many decisions need to be made in a short period of time. These decisions almost always have to be made before any court proceedings take place
Having instructions in place can also save your estate and your family a great deal of money. As a result, creating documents that help your loved ones navigate this difficult time from the very start is practical.
If you have questions about letters of instruction, contact an attorney in your area.