But wait!  Your job is not yet quite finished.  Does your family know where your important papers are located?  Can they easily find all your investment accounts and insurance policies?  Do they know what kind of funeral arrangements you want?  Do they know how to get in touch with your lawyer?  Do they know who should receive those precious personal items that may not be worth a lot of money, but can be so important to someone you love? 

One way to handle these details is with a letter (or letters) of instructions.  A letter of instructions can contain (1) instructions as to funeral and burial arrangements, (2) instructions as to the disposition of some of your personal items, and (3) information as to the location of your important papers and the identity of your advisors.

A letter of instructions is not a substitute for your will. It is a list of things that your survivors need to know should anything happen to you.  Although such instructions are not legally binding as they would be if contained in your Will, a letter is much more easily revised than a Will.  Moreover, your Will may become a public record and its contents viewed by any curious person, while your letter of instructions should remain private.

Here are some things you may want to include in your letter or letters of instructions:

Funeral and Burial Arrangements

When a person dies, their family must make a number of decisions fairly quickly about funeral and burial. Some people include details about these arrangements in their Wills.  However, your Will may not be located and read until after the funeral.  A better alternative may be to prepare a letter of instructions which contains private, informal directions from you regarding the arrangements you prefer. 

Disposition of Personal Items

You can give directions as to how your household goods and personal effects should be distributed among your family and friends.  For example, your Will might specify that you leave your personal effects to be divided equally among your children, but you may decide you want a certain piece of jewelry to go to one child and a painting to another.  You can put this information in a letter of instructions.  Later you can change your mind and modify your directions without having to modify your Will.  (If you do provide this kind of direction in a letter of instructions, you should be sure to note in the letter that your instructions are not intended to have the effect of modifying or revoking your Will.)

Locating Important Papers and Advisors

A letter of instructions can help your executor locate and gather the assets of your estate.  A detailed list of investments and other important information, prepared by you, can help ensure that none of your assets will be overlooked. 

Once your letter is prepared, make several copies.  Give one to your lawyer, place another with your copy of your Will, and keep another in the place your family would look first in the event of your death.  Review your letter every year or so to make sure it is kept up to date.    

Having this information will ease the stress on your family after you are gone.  It is one final kindness you can do for them. 

Attorney Marshall can be contacted at webmail@paelderlaw.com or at 1-800-401-4552  

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