A No-Contest Clause can Protect your Planning

February 10, 2025

While the number of wills being contested may sound small, this number doesn’t include the many wills not contested because of strategies used to discourage litigation. If your family includes people likely to battle over your estate plan, you’ll want to know about how a no-contest clause can protect your planning. A recent article from Think Advisor, “How to ‘Bulletproof’ a Will With a No-Contest Clause,” explains how to protect your wishes.

Tens of thousands of wills are impacted by contested wills yearly, and even the closest families can find themselves fighting over inheritances. One way to prevent this is with no-contest clauses, also known as the in-terrorem clauses, placed in wills and trusts to discourage heirs from voiding their claims to any part of the overall estate if they challenge the will in court proceedings.

Estate battle reasons vary, from sibling rivalry to intergenerational power struggles. The outcome of using a no-contest clause depends on state statutes, evolving case law and how much the warring parties can or want to invest in estate litigation.

Encouraging discussion between all stakeholders in advance of the passing of the parent or grandparent can give time for everyone to work through any disagreements before courts become involved. However, even with the best of intentions, clear communication doesn’t always resolve the issues.

Almost every jurisdiction has addressed whether or not no-contest clauses can be enforced, either by law or by case law. Vermont doesn’t have any laws about enforcement, and Indiana and Florida do not allow the use of no-contest clauses.

A no-contest clause is relatively simple. However, there are limitations to be aware of. No-contest clauses work only for named beneficiaries who have a claim in the will, and they must be given a sufficient interest under the will or trust for the no-contest clause to be useful. Someone who has been cut out of a will entirely has nothing to lose by taking family members to court for their perceived deserved inheritance, while someone who stands to inherit something, albeit a smaller amount than they would have wished, could lose everything if the no-contest clause is enforced.

Many estate litigation matters involve individuals who receive significant interests. However, feel they that did not receive what they see as unequal or non-controlling interests. In these cases, the enforcement may be relatively straightforward.

Challengers who file actions because they believe someone unduly influenced the testator can be problematic. Few people understand how undue influence works in a legal setting. Undue influence can be found when a person makes bad or unfair choices because of an alleged wrongdoer’s behavior towards them, causing the victim to placate the person. However, proving undue influence is not easy.

There are strategies to overcome no-contest clauses, so estate plans must be prepared with these in mind. In some instances, estate administration is challenged, including actions over improper investments, or raising interpretations of ambiguities.

An estate planning attorney with experience will show you how a no-contest clause can protect your planning and create an estate plan to stand up to challenges from dissatisfied family members or others who feel they have been treated unfairly. If you would like to learn more about no-contest clauses, please visit our previous posts.

Reference: Think Advisor (Jan. 16, 2025) “How to ‘Bulletproof’ a Will With a No-Contest Clause”

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Strategies to Resolve Disputes Between Beneficiaries

January 27, 2025

Disputes between trust beneficiaries are common, often arising from misunderstandings, perceived inequalities, or conflicting interpretations of the trust’s terms. These disputes can escalate without timely resolution, leading to costly legal battles and damaged relationships. Employing proactive strategies can help resolve disputes between beneficiaries, while safeguarding the trust’s purpose.

Common Causes of Beneficiary Disputes

Many disputes stem from beneficiaries’ lack of understanding of the trust’s terms. Complex legal language or vague provisions can lead to confusion and differing interpretations. For example, disagreements may arise over distribution schedules, asset valuations, or trustee authority.

Perceived Inequity

Beneficiaries may feel that the trust favors certain individuals, particularly if unequal distributions are involved. These perceptions can lead to resentment and claims of unfair treatment, even if the terms align with the grantor’s wishes.

Trustee Mismanagement

Trustees have a fiduciary duty to act in the best interests of the beneficiaries. However, allegations of mismanagement or conflicts of interest can trigger disputes. Common issues include failure to provide timely accountings, excessive fees, or favoritism.

External Influences

Family dynamics, personal grievances, or outside pressures can exacerbate disputes. For example, disagreements unrelated to the trust—such as unresolved sibling rivalries—may influence beneficiaries’ perceptions and behaviors.

Strategies for Resolving Beneficiary Disputes

The first step in resolving disputes is ensuring that all beneficiaries understand the trust’s provisions. Trustees or estate planning attorneys can provide detailed explanations, highlighting the grantor’s intent and addressing specific concerns. Providing beneficiaries with a clear accounting of the trust’s assets and distribution plan can also alleviate misunderstandings.

Facilitate Open Communication

Encouraging open and respectful dialogue among beneficiaries can prevent conflicts from escalating. Regular meetings or discussions, mediated if necessary, allow beneficiaries to voice their concerns and reach a consensus. A neutral party, such as a mediator or financial advisor, can help facilitate these conversations and maintain focus on the trust’s purpose.

Consider Mediation

Mediation offers a cost-effective and non-adversarial alternative to litigation. A professional mediator works with beneficiaries and trustees to identify the root causes of disputes and negotiate mutually agreeable solutions. This approach preserves relationships, while addressing concerns about the trust’s administration.

Appoint a Neutral Trustee

If disputes involve allegations of trustee bias or mismanagement, appointing a neutral third-party trustee can restore confidence in the trust’s administration. Professional fiduciaries or corporate trustees bring objectivity and expertise, reducing the potential for future conflicts.

Utilize No-Contest Clauses

Grantors can include no-contest clauses in the trust to discourage frivolous disputes. These clauses state that beneficiaries who challenge the trust’s terms risk forfeiting their inheritance. While not enforceable in all jurisdictions, no-contest clauses can deter unnecessary litigation and encourage beneficiaries to seek resolution through other means.

Seek Legal Counsel

In cases where disputes cannot be resolved informally, consulting an estate planning attorney is essential. Attorneys can provide guidance on trust interpretation, compliance with fiduciary duties, and options for resolving conflicts. In some instances, formal legal action may be necessary to protect the trust’s assets or enforce its terms.

Preventing Future Disputes

Preventing disputes begins with proactive estate planning. Clear and specific trust provisions, regular updates and open communication with potential beneficiaries can reduce misunderstandings. Working with an experienced estate planning attorney ensures that the trust reflects the grantor’s intentions, while addressing potential areas of conflict.

Building a Path to Resolution

While trust disputes can be emotionally and financially draining, constructive conflict resolution strategies help protect the grantor’s legacy and maintain family harmony. Trustees and beneficiaries can navigate disputes effectively and uphold the trust’s purpose by fostering transparency, open communication and professional guidance. If you would like to learn more about beneficiaries and trusts, please visit our previous posts.

Reference: The Washington Post (Nov. 16, 2024) “Asking Eric: Siblings disagree over inheritance split”

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The Estate of The Union Season 3|Episode 11 is out now!

January 7, 2025

The Estate of The Union Season 3|Episode 11 is out now! We all make mistakes, and usually they aren’t fatal. Unfortunately, when someone dies, a mistake made in an estate plan can be!

In this edition of The Estate of the Union, Phillip Arendall and Brad Wiewel dissect mistakes that Phillip has seen people make in the probate process. Phillip is the Associate Director of our After Life Care Division and he brings his great insight (and sense of humor) to help analyze the foibles and pitfalls he has observed in that role. We hope you enjoy listening to these cautionary tales.

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 3|Episode 11 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.

Estate Planning for a Child with Addiction

November 6, 2024

Estate planning for a child with addiction is not just about leaving them an inheritance — it’s about ensuring that the inheritance supports their recovery and future well-being. Parents often find themselves facing tough decisions when their child struggles with substance abuse. However, creating a plan with clear goals can provide a sense of control and security for everyone involved, as per Kiplinger.

When a child has an addiction, direct access to their inheritance can do more harm than good. A well-structured trust can help protect the child and their financial future, especially when the trustee has clear instructions and guidance on handling distributions.

What kind of trust should you set up for a child with addiction? Trusts designed for minors or those with intellectual disabilities may not be appropriate in this case, since the goals are very different. For children struggling with substance use, a trust must account for their unique needs and the challenges they may face in their recovery journey.

A trust for a child with a substance use disorder can either play an active or passive role in their recovery. Some parents may prefer a trust focusing solely on the child’s basic needs — housing, food and healthcare. Others may want a more proactive approach, where the trustee is involved in the child’s treatment plan, helping to pay for rehabilitation, therapy and ongoing support.

Parents should discuss with their estate planning attorney how they want the trust to work. Should it fund recovery efforts? Should distributions only be allowed if the child is making progress toward recovery? Having these conversations ahead of time ensures that the trust aligns with the parents’ goals and the child’s long-term needs.

Understanding the recovery process is essential to structuring estate planning for a child with addiction. Recovery doesn’t happen overnight. Many children go through several stages before they reach a place of stability, and setbacks are common. In fact, relapses are often part of the process.

One model of behavioral change, known as the Transtheoretical Model, suggests that recovery involves several stages, including:

Precontemplation: The child is not yet ready to address their addiction.
Contemplation: They recognize the problem but feel conflicted about taking action.
Preparation: The child begins making small changes and planning more significant steps.
Action: The child actively works to change their behavior and engage in recovery.
Maintenance: They develop coping strategies to maintain sobriety.
Relapse: Relapse is common but can be seen as part of the learning process.

A trust designed to support recovery should not penalize the child for relapsing. It should instead provide resources to help them get back on track and continue their journey toward a healthier future.

Incentives can be a helpful tool in encouraging a child with addiction to stick to their recovery plan. However, offering cash as an incentive is generally not recommended, as it can lead to a greater risk of relapses.

Incentives should instead be non-monetary, such as paying for a vacation, using a vehicle, or covering the cost of a fitness membership. The trustee should be able to decide when the child has met the goals necessary to earn these incentives. This approach helps ensure that rewards begin with genuine recovery progress.

When planning for a child with addiction, the right estate plan can make a significant difference in their recovery and long-term well-being. By setting up a specialized trust, you can offer them the support they need without the risk of enabling harmful behavior.

Don’t leave your child’s future to chance—take control by working with an experienced estate planning attorney who can help you structure a plan that aligns with your goals and safeguards your child’s inheritance. If you would like to learn more about estate planning for complicated family histories, please visit our previous posts.

Reference: Kiplinger (Mar. 8, 2019) “Designing Trusts for Substance Abuse Problems“

Sharing Family Values in Your Estate Plan

September 9, 2024

Estate planning isn’t just about managing finances and assets; it’s also a way to pass down family values that shaped your life. As you think about the legacy you want to leave behind, consider sharing those critical family values in your estate plan. Doing so ensures that your life’s lessons, beliefs, and traditions guide and inspire your family even after you’re gone.

Family stories are more than just memories; they are the building blocks of your family’s identity. Professor Elizabeth Keating from the University of Texas highlights the importance of uncovering these stories by asking thoughtful questions. According to Keating, by learning about your parents’ and grandparents’ experiences, you can see the world through their eyes and understand the values that guided them.

When planning your estate, these stories can play a crucial role. For instance, if you value hard work and education, you might want to include provisions in your estate plan that encourage these traits in your heirs. This could be through establishing a trust that supports education or guidelines that reward hard work and responsibility.

Setting up a trust is one effective way to embed your values in your estate plan. Trusts offer flexibility, allowing you to set specific conditions for how and when your assets are distributed. For example, if you want to encourage your children to pursue higher education, your trust could cover tuition and educational expenses. On the other hand, if you want to promote entrepreneurship, you could create provisions that support starting a business.

A well-drafted trust can include various instructions tailored to reflect your values. Here are a few examples:

Encouraging Education: The trust could stipulate that funds are released to pay for college or other educational pursuits.
Promoting Work Ethic: Distributions might be tied to the beneficiary’s employment status or income level.
Supporting Healthy Lifestyles: The trust could include incentives for maintaining good health or even require periodic drug tests.
Fostering Philanthropy: You could set aside a portion of the trust to be donated to charities that align with your values or establish a charitable foundation in your name.

According to an article written by Kiplinger, discussing your estate plan with your family is essential to ensure that everyone understands your wishes and the values you hope to pass on. This dialogue can also allow you to share the stories and lessons that have shaped your life. Dr. Keating emphasizes the power of asking the right questions to uncover these stories, which can strengthen the connection between generations.

By having these conversations, you clarify your intentions and give your family a deeper understanding of the values behind your estate planning decisions. This can help prevent misunderstandings and conflicts down the road.

For many, faith plays a significant role in their lives, and estate planning is an opportunity to ensure that these beliefs continue to guide future generations. Whether supporting religious institutions, funding mission trips, or simply promoting charitable giving, your estate plan can be tailored to reflect and perpetuate your faith.

Incorporating a statement of purpose within your trust can serve as a powerful reminder to your heirs about the importance of these values. This statement can outline your motivations and provide guidance on how you wish your legacy to be used, ensuring that your values continue to influence your family for generations.

Sharing your family values in your estate plan offers a unique opportunity to preserve and promote then for future generations. By incorporating thoughtful provisions and having open conversations with your loved ones, you can ensure that your legacy is about more than just money—it’s about the values that have guided your life.

If you would like to learn more about sharing personal life lessons and advice in your estate planning, please visit our previous posts.

References: The University of Texas (Nov. 10, 2022) “Faculty Publication: The Essential Questions: Interview Your Family to Uncover Stories and Bridge Generations by Elizabeth Keating” and Kiplinger (Jun. 27, 2023) “In Estate Planning, Your Values Can Play a Key Role | Kiplinger”

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Estate Planning for Veterans and Active Military Is Important

May 7, 2024

Your dedication to your country is unwavering as a veteran or active military service member. While you’re committed to your duty, you must protect yourself and your loved ones and preserve your legacy. Veterans and active military personnel can and should create an estate plan to match their unique needs. Based on Trust & Will’s article, “Estate Planning for Veterans & Active Military,” we look at why estate planning for veterans and active military personnel is so important.

Military life is marked by unpredictability and uncertainty for you and your family, making estate planning a vital aspect of preparing for the future. Many individuals have plans to distribute funds and appoint trusted loved ones to handle medical and financial matters if the unthinkable happens. Estate planning is essential to help provide for your loved ones if you pass away or are incapacitated. Knowing that your family will be cared for can give you peace of mind.

A will serves as a cornerstone of your estate plan, allowing you to:

Protect Your Family: Specify guardianship for minor children, ensuring they’re cared for by trusted individuals in your absence.
Distribute Assets Seamlessly: Designate beneficiaries and outline asset distribution instructions, including real estate, retirement and financial accounts, sentimental items, and other property.
Plan for the Unexpected: Outline your preferences for medical care and end-of-life decisions to prepare for unforeseen circumstances.

In the military, adaptability is critical, but so is ensuring your affairs are managed in your absence. Powers of Attorney enable you to:

Delegate Your Decisions: If you are incapacitated, designate trusted individuals to handle your legal, financial, and medical decisions.
Manage Your Affairs: Maintain continuity in managing assets, paying bills, and making critical decisions, even during deployments or periods of incapacity.
Mitigate Financial Risk: Protect against financial exploitation and past-due bills by appointing reliable agents to act in your best interests.

For military families, asset protection and efficient wealth transfer are paramount. Trusts offer a range of benefits, including:

Asset Preservation: Safeguard assets during incapacity or deployment, ensuring financial stability for your family.
Probate Avoidance: Streamline the distribution of assets to beneficiaries, bypassing the lengthy and costly probate process.
Tax Efficiency: Minimize estate taxes and maximize tax savings, preserving more of your hard-earned assets for future generations.

Your dedication and sacrifice are unmatched as a veteran or active military service member. That is why estate planning is so important for veterans and active military personnel. By prioritizing estate planning and including will, trust, and power of attorney strategies, you can protect your loved ones and preserve your legacy for generations. Consult with an experienced estate planning attorney for peace of mind. If you would like to learn more about planning for veterans, please visit our previous posts.

Reference: Trust & Will “Estate Planning for Veterans & Active Military,”

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Uncovering a Life Insurance Policy for a Deceased Loved One

When and How to get Letters of Testamentary

February 12, 2024

The executor manages assets until the probate process is complete. They also need proof of their authority to do so. The court-issued Letter of Testamentary provides evidence of their authority and explains a recent article from Forbes, “What Is A Letter Of Testamentary?” The article details how this document works and when and how to get Letters of Testamentary.

A decedent’s last will and testament names their executor, who will manage their estate. Their duties include filing probate paperwork with the court, notifying potential heirs and creditors of the probate process and managing assets, including paying bills from the estate’s bank account. The executor is also the one to set up the estate’s bank account. When the estate is nearly completed, assets are distributed to beneficiaries.

Third parties need to know who the executor is. The executor also needs proof of their authority to carry out their job tasks. The letter is a simple document issued by the probate court and typically includes the following information:

The court issuing the letter.
The name and contact details of the executor (also referred to as a “personal representative” of the estate).
That the personal representative was named in the will of the decedent
The date the executor was granted authority to manage the decedent’s estate.

What is the difference between a Letter of Testamentary and a Letter of Administration? A letter of administration can be used during the probate process. However, it serves a different process. The court uses the letter of administration if a person dies without having named a personal representative or executor. The court appoints a person to manage the estate and probate process, and the court then creates a Letter of Administration giving this individual the authority to act.

There is no guarantee or requirement for the court to appoint a family member to serve in this role. This is another reason why having a will that names an executor is essential if the family wishes to be involved in settling the estate.

What if there is no will? Without a will, there is no executor. Someone is still needed to manage the decedent’s assets and take care of the steps in probate. A surviving family member or loved one may open a probate case after death, even when there is no will. This involves filing court documents and attending a hearing. The court will then appoint an administrator, determining who has the desire and ability to serve in the role.

What about assets held in trust? If assets have been placed in a trust, a trustee has been named and is in charge of following the trust’s directions. There is no probate court involvement, which is why so many opt to place their assets in a trust as part of their estate plan. The trust becomes the legal owner of the assets once they are placed in the trust. The trust creator often acts as the trustee during their lifetime and names a successor trustee who takes over in case of incapacity or death. That person has the authority to manage the trust assets and transfer them through the trust administration process without any involvement from the court.

However, if assets were not placed in the trust, they must go through the probate process, and an executor or personal representative will need a letter to manage them.

If you have lost a loved one, or are choosing an executor, ensure you have a complete understanding of when and how to get letters of testamentary. Work with an experienced estate planning attorney familiar with your state’s laws and the court process of probate. If you are interested in learning more about probate, please visit our previous posts.

Reference: Forbes (Jan. 17, 2024) “What Is A Letter Of Testamentary?”

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Estate Plans Require Preparation for Success

June 13, 2023

Making wishes clear to family members is never enough to satisfy legal standards, according to a recent article, “Preparation is essential part of estate plan” from The News-Enterprise. Quite the opposite occurs when family members refuse to follow verbal requests, especially when personal grievances come to the surface during times of grief. Estate plans require preparation for success.

A second misconception concerns the spouse or children being able to step in and take action for a loved one whose health is declining solely based on the family relationship.

Many parents have children who would make poor agents, so many don’t name their children to act on their behalf. Even if you want your spouse or child to act on your behalf, you have to name them in the proper legal documents.

A third frequent misconception is that documents can be created when needed. Not so! Documents like Power of Attorney, Health Care Power of Attorney, Living Will and others must be created well in advance. An incapacitated person cannot sign legal documents, so if no planning has been done, the family will have to petition the court to name a guardian—an expensive, time-consuming and complicated process.

Every adult should have three basic documents while they are in good health: a Health Care Power of Attorney, a Durable Power of Attorney and a Last Will and Testament.

The Health Care Power of Attorney gives another person the right to make healthcare decisions for you if you are unable to do so. It also gives another person the right to access protected health care information, including medical and health insurance records. It may also be used to authorize organ and/or tissue donation and set limitations for donation. Finally, the document may direct end-of-life decisions regarding artificial life support.

The Durable Power of Attorney allows another person to handle legal and financial matters. It can be effective upon signing or upon incapacity. Without correctly executed Powers of Attorney, the family will need to apply for guardianship.

The Last Will and Testament determines who should receive any specific property and how your property is to be divided and distributed. Wills are only effective upon death, so any property in the will continues to be yours until death. Wills are also used to name the executor who will be responsible for administering the estate. It can also be used to set up additional protections for disabled beneficiaries, minor children and others who are not good with finances.

Speak with an experienced estate planning attorney to be certain to have these essential documents to prepare for the times when life doesn’t go as expected. Preparation is required for the success of your estate plan and those you love. If you would like to learn more about drafting an estate plan, please visit our previous posts.

Reference: The News-Enterprise (May 13, 2023) “Preparation is essential part of estate plan”

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Older Singles need to Plan for the Unexpected

May 1, 2023

The U.S. Census Bureau reports nearly a third of all seniors live alone—about 14 million—some of whom don’t have children or anyone to care for them if they need help. However, according to a recent article from Forbes, “Essentials for the Solo Ager,” everything is fine until there’s a problem. This is especially true when the solo ager’s friends are all about the same age and in the same situation. Older singles need to plan for the unexpected.

One financial adviser asked an estate planning attorney to contact a client who was 88, living alone, still driving and maintaining her own home. She had an inadequate estate plan done for free by a volunteer at her senior center and needed a Power of Attorney and Health Care Power of Attorney. In addition, her only living relative lived outside of the United States, and the person she relied upon was a 90-year-old, legally blind neighbor. All of this had worked fine for years, but at 88, she was highly vulnerable.

Here are some options for solo agers to consider while planning constructively for the future:

Consider naming a fiduciary to handle finances in your estate plan, which an experienced estate planning attorney should prepare.

Healthcare decisions are often a minefield for someone who is cognitively or physically impaired and unable to make decisions. Some professionals can be named as your healthcare agent, preferably someone who knows the healthcare system and can advocate for you if you are incapacitated. In addition, a healthcare power of attorney would be needed.

Make your wishes and preferences clear in your estate planning documents, so someone who does not know you well can follow your specific directions and fulfill your wishes.

Give up the idea of being 100% well until you pass. Most seniors unfortunately experience one or more health challenges and need more assistance than they ever imagined. Be realistic and identify younger adults who will be able to help you and give them the legal tools to do so. If they never need to help you, fantastic, but if they do, you’ll be glad to have their help.

Single people are independent and self-reliant and take pride in these characteristics. This is great. However, there comes a time when none of us can be independent. No one likes to think about losing their independence or becoming disabled. However, planning will keep you safer rather than hoping for the best.

Older singles need to plan for the unexpected. Meet with an experienced estate planning attorney who will help you plan for your future. If you would like to learn more about aging in place, please visit our previous posts.

Reference: Forbes (March 26, 2023) “Essentials for the Solo Ager”

Steps to Take for End-of-Life Planning

February 23, 2023

Most people don’t consider anything about planning for incapacity or death to be joyful. However, if you consider estate planning documents as a way to share your wishes and make your departure easier for those you love, as well as a means to express your thoughts and feelings, it could make these tasks a little cheerier. A recent article from The Washington Post, “6 joyful steps for end-of-life planning,” could help reframe how you think of estate planning. There are some concrete steps to take for end-of-life planning.

From a practical standpoint, death and incapacity are complicated for loved ones. They will appreciate your preparing an advance health directive, which should be created when a person is healthy, and not when they are in a hospital bed. The same goes for funeral arrangements, which are costly. There are so many choices and decisions to make—do your loved ones even know what you want? Leaving instructions and paying in advance will remove the burden for adult children trying to know what you wanted and dealing with the expense of paying for a funeral.

Digging through a loved one’s credit card bills, cellphone accounts, bank accounts and internet passwords is a big challenge in today’s digital world. It was far easier when there were stacks of paper for every account. Today’s executors need to have all of this information to avoid lost assets, avoid identity theft and prevent roadblocks to wrapping up your estate.

Here’s a checklist to help get your estate plan moving forward.

1 Create a crisis notebook. One binder with all estate planning documents will make it easier for loved ones. You should make additional copies but keep originals in one place—and tell your executor where the binder can be found. Create a worksheet of your many documents, so loved ones will know what they are looking for.

2 Have an advance directive created while you are having your estate plan made. This tells your loved ones what you want in case of incapacity and end-of-life decisions.

3 Have a will created with an experienced estate planning attorney. Without a will, the laws of your state determine how your property is distributed and who raises your minor children. Wills are state-specific, so a local estate planning attorney is your best resource. Be wary of online documents—if they are deemed invalid, it will be as if you didn’t have a will.

4 Make a digital estate plan. No doubt you have more than one email account, shopping accounts with more than a few retailers, credit cards, car leases or loans, home mortgage payments, social media, cloud storage, gaming accounts and more. Without a complete and comprehensive list of all accounts, your executor won’t know what needs to be closed, where your personal documents or photos live or how to retrieve them.

5 Plan your funeral. Yes, it is a little morbid, but do you want your loved ones to have to incur the cost and the emotional burden of planning, when you can do it for them? You’ll feel better knowing your wishes will be followed, whether it’s for a “green” funeral or a cremation, with a long period of mourning following your faith’s tradition or a short memorial service.

6 Write a letter of intent and any final farewells. This is an opportunity to share your thoughts with those you love, with healthcare providers and anyone else who matters to you, about healthcare decisions at end of life, or to convey your values, hopes and dreams for those you love.

When you take these steps for end-of-life planning, you’ll be surprised at the sense of relief you feel. If you would like to learn more about end-of-life planning, please visit our previous posts.

Reference: The Washington Post (Jan. 5, 2023) “6 joyful steps for end-of-life planning”

Category: Letter of Instruction

A No-Contest Clause can Protect your Planning

Strategies to Resolve Disputes Between Beneficiaries

The Estate of The Union Season 3|Episode 11 is out now!

Estate Planning for a Child with Addiction

Sharing Family Values in Your Estate Plan

Estate Planning for Veterans and Active Military Is Important

When and How to get Letters of Testamentary

Estate Plans Require Preparation for Success

Older Singles need to Plan for the Unexpected

Steps to Take for End-of-Life Planning

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