When it comes to designing an estate plan, we draft your documents: wills, trusts, powers of attorney, living wills/medical powers of attorney, and any other appropriate documents. These documents are drafted in such a way as to meet the client’s objectives and to take maximum advantage of all tax credits and exemptions available to the client and his or her family. For most attorneys, that is where the work ends. For me, it is just the beginning.
When someone dies, their documents don’t do the work themselves. It takes a family member and/or an attorney, hired for that purpose (this process is called “probate”) to file to the appropriate paperwork and execute the directives of the will. Sometimes this takes an amount of interpretation, but it always involves the process of going through the deceased’s personal belongings, locating life insurance policies, accessing safe deposit boxes, and retitling of assets. Almost all my clients (as with most other attorney’s clients) virtually ignore the process of organizing their affairs in such a way as to make things as easy as possible on their survivors. I am yet to deal with an estate, whether small or large, where things aren’t at least somewhat of a mess. Many clients have asked me whether I had some information that described the probate process and gave them some tools to organize their affairs for their loved ones.
I am, therefore, in the process (about 2/3rds of the way) of creating a publication that will be entitled “For My Heirs: A Journal of Guidance & Instructions”. This booklet will include sections to leave letters of love and guidance for surviving heirs, places to list assets, personal belongings, funeral directives, obituary statements, insurance policies, sample letters for benefit requests, as well as general information about the local probate process. From my research, there does not appear to be any type of publication of its kind, at least nothing this comprehensive.
The booklet will be offered to existing and future clients for approximately $30 to $50 if they want to prepare it themselves; probably $300 to $500 if they would like to firm to prepare a customized version for them. Perhaps we will offer it at a different price to the general public.
I am still accepting suggestions based upon personal experience from anyone wishing to contribute. If we use your ideas, I will give you a set for you and your spouse to complete – free of charge. Also, if you’d like to get on the advance purchase list, please email us. We will send you information as soon as it becomes available.
If you have a personal story regarding a difficult situation you’ve faced with a deceased loved one, I ask you to share it. It will help those in the future avoid such unintended circumstances.
So remember that when some one asks you if you have organized your personal affairs, having an up-to-date will is not enough. That only starts the process. I look forward to my next entry when I address “why you need a will.”
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You're aboslutely right that having a will is not enough. My mother had dementia and it took over a year to get her estate under control. When she died 2 years later there were still many unanswered questions. My wife had a similar exepreience. That's why we invented Estate++.
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