When creating an estate plan with a Brandon will attorney, many clients wish to include additional instructions with their documents to provide their heirs with a “roadmap” of their wishes and perhaps explanations behind some of the terms set forth in the client’s will or trust.
A Letter of Instruction, sometimes called a Letter of Intent, is one such document that can allow the client to express their thoughts that fall outside the confines of their legal documents. A Letter of Instruction is not binding, per se, but is to be used more as a guide for heirs and beneficiaries.While there is no hard and fast rule about what needs to be included in the Letter of Instruction, people most commonly use it to write out their funeral and burial instructions. Here you can explain what cemetery you wish to be buried in, what readings you want at your service, even what food to serve.
Your letter can also include instructions about where to locate personal items, estate documents, safety deposit boxes, and contact information for the people you want to be notified after your passing. This can eliminate the need for your loved ones to search your home for important information when settling your estate.
A Letter of Instruction can also assist your family by allowing them access to your digital life. For example, suppose you have online accounts with personal information that need to be deleted or a lifetime of pictures saved to an online cloud. In that case, the letter can explain your instructions for dealing with these “intangible assets” when you are gone.
Most importantly, a Letter of Instruction can be used as a guide for your Executor or Successor trustee to execute your final wishes properly. You can explain any family complications that might arise, your inheritance structure, thoughts about raising a child with special needs or disabilities, or really anything else you think they should know to smoothly administer your final affairs.
Of course, a Letter of Instruction may contain many other essential items for settling your estate. Consulting with your estate planning attorney for guidance on passing down ideas that are personal and important to you is the best way to ensure you have included all the information that your family may need. And, the good news is that a Letter of Instruction can be modified at any time you want since it is not a legal document.
If you have questions about creating a letter of instruction or you wish to begin the estate planning process, we invite you to schedule an appointment at our Brandon office by calling (813) 438-8503.