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COVID-19 and Advance Care Planning

Advance Care Planning
Advance Care Planning and End of Life Planning During the COVID-19 Pandemic

COVID-19 = Special Urgency

What Special Urgency?

Isn’t it ironic that after 8 years of putting out my newsletter and talking to people about the importance of advance care planning, we are faced with a healthcare challenge of monumental proportion? One that emphasizes end of life plan reasons but, equally if not more importantly advance care planning, in many ways.

As I sit down to write my 100th newsletter, the current COVID-19 pandemic is sweeping the world and there is a special urgency to do advance care planning; by having the conversation, identifying someone to speak for you, and completing an advance directive.

Every day, there are new articles, by people who have never addressed the subject before, touting the importance of doing an advance directive and doing it NOW!

I receive calls from reporters asking for clarifications and quotes about how to make the process work. The momentum is building and hopefully people will take heed to the warning to have their conversations and complete their directives. This would be wonderful as it would be great to have something positive come out of this pandemic.

COVID-19 is a New Call to Action!

Your help is needed to continue to move the bar. If you’ve done your directive already, take a look at it and see if it is still current and meets your needs in this day and age. Update as necessary. Make certain the right people have a copy.

If you haven’t gotten there yet, now is a great time as the resources to plan a funeral, create a Last Will or Living Trust, and advance care planning, are available to make it easy for you to act.

If you still need help, don’t hesitate to get in touch with me. My contact information is below. Talk to your friends and loved ones. You know, those people whom you have mentioned it to before but who haven’t moved forward to do their plan.

Bug them, emphasize its importance. Remind them of the adage:

Failing to Plan – Is Planning to Fail!

They need this for themselves as well as their families. Equally as important, are the healthcare workers who are doing such a Herculean effort during these trying times. Make sure that they have access to people’s advance directives. This will allow them to be guided by the goals and preferences of their patients and not guessing what the best treatment course for a particular individual might be.

I have neighbors who have been very clear as to their plans. They are sheltering in place because of their ages and their medical conditions. They have made it very clear that they will not go to the hospital if they should come down with the COVID-19 virus. They feel strongly that they are at that point in their lives that they do not wish to go on the ventilator or receive aggressive care during their end of life stages. If they can survive the virus from home, great. If not, it was meant to be.

Now, let me be clear, I am not suggesting that other people should take this stance. We all need and deserve to make our own decisions whatever may be best for each of us individually. Thus, the advance directive is a critically necessary important part of your end of life planning and funeral estate planning!! Remember, it is still critically important to:

Have “The Conversation” … and … Give ‘The Gift

Courtesy of M. Jane Markley, www.mjmarkley.com.
If you have any questions, you can contact her directly at jane@mjmarkley.com.

Death Facebook Twitter Instagram Social Media Passwords

Death and Social Media Passwords
Facebook, Twitter, and Instagram

What is Your Digital Legacy Plan?

Most people plan to document their final wishes in a last will and testament but not many consider including instructions on what should happen to their Facebook page when they die. With over 1.9 billion users on Facebook, over 300 million on Twitter, and who knows how many on other online sites, having a digital legacy plan is becoming more important than ever in these modern times.

Where do you Start?

It’s difficult enough trying to remember login passwords, so creating a detailed plan for all your email and social media accounts can seem like a daunting task. Still, it’s best to start planning sooner rather than later, and some of the media apps already have documented plans for dealing with accounts of the deceased. Here’s how Facebook, Twitter, and Instagram handle it:

What happens to my Facebook page when I die?

Facebook is the most popular networking app in the world and they offer two options for your profile after your death:

1. Memorialization – your profile can be memorialized to serve as a gathering place for family and friends to post memories and remembrances. You can choose to memorialize your page in advance by selecting a “legacy contact” to administer the account after your passing. The legacy contact (who needs to be a Facebook friend) will be responsible for managing the account, e.g., updating profile pictures or responding to friend requests. However, they have limited capabilities and cannot read your private messages or gain full access to your profile.

2. Permanent deletion – this option can also be requested in advance. Once your account is permanently deleted, it will no longer be seen on Facebook and cannot be reactivated. You’ll still need to select a legacy contact for this, but the person won’t be able to log into your account or make posts/updates.

Note that only verified immediate family members can ask Facebook to remove a loved one’s account, and they must provide either a valid death certificate or proof of authority and proof of their loved one’s passing in order to get the account deactivated.

What happens to my Twitter profile when I die?

Twitter’s policy states that they can only deactivate a dead person’s account based on a request from a verified family member or estate executor. After the deactivation request is received, Twitter ensures validity by obtaining details such as the death certificate, obituary information, and requester identification. Only then will the deceased’s account be removed from the site.

Twitter also states they are unable to provide account access to anyone other than the account owner, regardless of their relationship to the deceased. So without the necessary proof of death, vital statistics, and no memorialization options, a dead person’s Twitter account is often left as is, which can sometimes lead to unfortunate tweets from beyond.

What happens to my Instagram account when I die?

Instagram is owned by Facebook so they also offer account removal or memorialization based on a valid request from an immediate family member. The requester must fill out a form to get the process started and provide proof of death (death certificate, obituary notice) as well as evidence that they are related to the deceased. Unlike their parent company, Instagram does not allow you to choose removal or memorialization in advance, and they do not provide account access or login details for a memorialized account.

Creating a Digital Legacy Plan

Facebook, Twitter, and Instagram comprise only a small share of an average person’s digital legacy. Other digital assets include various online accounts such as:

  • Email
  • Personal & business websites
  • Social media profiles (LinkedIn, Pinterest, YouTube, Google+, Snapchat)
  • Communication apps (Skype, WhatsApp, FaceTime)
  • Gaming (Xbox, Wii, PlayStation)
  • Financial service sites (banking, trading, retirement)
  • Shopping sites (Amazon, eBay, Craigslist, brand stores)
  • Entertainment accounts (Netflix, Hulu, cable tv)
  • Other apps & accounts (Uber, Airbnb, Expedia, PayPal, etc.)

The list can go on forever depending on how extensive your digital footprint is. That’s why it’s important to make a digital legacy plan and select a “digital executor” to manage, protect, and preserve your online assets. Getting started on the planning process early is the only way to ensure all your accounts are handled properly in accordance with your end of life plans and preferences.

Choose a digital executor who is technically savvy and sensitive to the confidential details of your digital estate. Whoever you select will need to be aware of state laws governing access to a person’s digital assets.

The Revised Fiduciary Access to Digital Assets Act, completed by the Uniform Law Commission and currently enacted in 35 states, allows fiduciaries or executors to manage digital property like computer files, web domains, and virtual currency. However, the Act restricts access to electronic communications such as email, text messages, and social media accounts unless the original user consented in a will, living trust, power of attorney, or other record. If you already have a will, you can add your digital legacy plan to your will to ensure legality.

Creating a digital legacy plan to manage your online assets is just as important as having a will to protect your physical assets when you die, so make sure to include one in your end of life decision-making process. It will give you and your family much-needed peace of mind when the time comes.

Contributed by Christine Gatuiria at FuneralContentCreative. She writes and creates engaging content for the funeral and death care industry.

Death and Taxes

Death and Taxes are Certain

Most of us have heard the old adage; “the two certainties in life are death and taxes“.  As a result of this statement, National Healthcare Decisions Day comes every year on April 16th, the day after taxes.  The goal is to attempt to bring these two matters together.

Jane Markley tells her clients; “Most of us dutifully complete our taxes every year.  So why not also make time to review your end of life plans and advance directives as well?”  Truth be told, completing your plans for death requires much less time and effort than completing your taxes.  Furthermore, completing your death matters only needs to be done once, whereas taxes must be completed each and every year.

It’s NEVER Too Soon

For those of you who haven’t had “the end of life conversation”, and/or documented your healthcare wishes and other final plans and preferences, please remember this all-important statement:  It’s only too soon…until it is too late.”

Knowing you love your family and loved ones, ask yourself this question;  “What is holding you up from completing key matters such as your end of life planning, funeral estate planning, last will, power of attorney, and advance directives?”

Plan NOW!  We Can Help

When it comes to death and taxes, it is very easy to find reasons to procrastinate and postpone these matters.  However, please let us help you preplan and “give the gift of love” to your family and friends.

Don’t wait for the crisis.  Don’t wait until it’s too late.  Don’t leave your loves ones in a difficult situation.  Don’t wait until it’s to late to learn how to prepay funeral expenses.  Let us help you make this difficult situation a little easier.  Let us help you have “the conversation” now, plan and prepare in advance today!

Your First Step is EASY

A great way to start is to click here and access our free Family Record Guide.  You won’t regret it, your loved ones will thank you, and you will leave a legacy of love!

Death of a Loved One Funeral Planning Checklist

Plan a Funeral

Death of a Loved One Checklist

Checklist to Help Families Get Through a Difficult Time

Losing a loved one is arguably one of the most difficult experiences in life.  In addition to coping with the grief and loss, there are also a variety of challenging tasks and important financial decisions to be completed, some of which include:

– Making final arrangements

– Reviewing funeral costs and funding options

– Settling an individual’s estate and heirlooms

– Notifying family, friends and co-workers

– Working with various companies and government agencies

– Providing important vital statistics for insurance claims and death certificates

– Securing the financial security of the remaining spouse

Time-Sensitive Tasks

Contact all close family members, friends, co-workers and clergy first.  This is not only important to notify them of this loss, but because you will need their help with funeral planning and emotional support.

Begin working with the family and loved ones to arrange the funeral, burial or cremation and memorial services Since everyone knows that death is a guaranteed event, my hope is that financial professionals have properly planned and prepared their clients and prospective clients in most of these End of Life arrangements ahead of time.

Review all of the important paperwork and documents to identify any instruction containing their final wishes. In most cases, these key End of Life and estate planning instructions can be found in his or her Last Will, Living Trust, or other estate planning preparations.

Notify family, friends, co-workers and loved ones of the final arrangements.  These final arrangement notifications should include details such as cultural and religious rituals, funeral etiquette details, and funeral flowers or donation preferences.

Notify the decedent’s place of work, professional organizations, unions, associations, military branch, and any other organizations where he or she may have been a member or volunteer.

Recommend that each of the decedent’s loved ones notify their own personal employer and arrange for bereavement leave.

Make sure that an obituary is created in your local newspaper as well as on the Internet.

Promptly begin obtaining certified copies of the death certificate. In most cases the family doctor or medical examiner provides a death certificate within 24 hours of the death. The next step is for the Funeral Home and/or Funeral Director to complete the form and file it with the state. Note: Be sure to request and obtain many original copies, since photocopies are not always accepted. These death certificates become important for tasks such as applying for benefits and settling an estate.

Be sure to review all financial affairs, particularly focusing on estate planning documents such as a Last Will or Living Trust, deeds and titles, marriage certificates, birth and adoption certificates, military paperwork and other relevant documents.

If applicable, locate and contact the decedent’s estate planning attorney for all copies of estate planning documents, particularly the originals.

Contact the decedent’s local bank to verify if they had a safe-deposit box.  Note: If the decedent did not leave behind instructions or details regarding who is authorized to open their safe deposit box, you can petition the probate court for an order to open.

Contact the Social Security Administration to report the death.  Also note:

– If your loved one was receiving any benefits via direct deposit, request that the bank return funds received for the month of death — and thereafter to Social Security as well.

– Do not cash any Social Security checks received by mail. Return all checks to the Social Security Administration as soon as possible.

– Surviving spouses and other family members may be eligible for a lump-sum death benefit and/or survivor’s benefits. You can visit www.ssa.gov for more information.

Prepare a comprehensive list of all of the decedent’s assets.

If applicable, be sure to put safeguards in place to protect any key property.

Make sure any mortgage payments and insurance premiums continue to be paid while the estate is being settled.

Regarding the decedent’s place of work, be sure to:

– Request to receive their belongings.

– Inquire about collecting any salary, vacation or sick pay owed.

– Ask about continuing health insurance coverage and potential survivor’s benefits for their spouse and/or children.

– Review all employer, union, or association death benefits details.  Be aware of the fact that if the death was work-related, the decedent’s estate or beneficiaries may be entitled to workers compensation benefits.

Contact the decedent’s past employers regarding any pension plans, survivor benefits, as well as any other forms of defined benefit or defined contribution retirement savings plans.

If the decedent was a military veteran, inquire about any potential eligibility for burial and memorial benefits. This can be accomplished by contacting the Department of Veterans Affairs by either calling (800) 827-1000 or visiting their website www.va.gov.

Contact any IRA custodians, trustees, and guardians. Be sure to review and confirm all of the IRA beneficiary designations, as well as understand all of the IRA distribution options.

Locate and review all life and funeral insurance policies, which could include individual insurance, group life insurance, mortgage insurance, auto credit life insurance, accidental death and dismemberment, credit card insurance and annuities.

Contact each insurance company to find out the necessary procedures and documents needed to file claims.

Promptly contact all credit card companies to notify them of the death and, assuming there are no other names associated, cancel all credit cards.

Retitle all jointly held assets such as bank accounts, automobiles, stocks and bonds and real estate into the surviving parties’ name.  If the decedent was an owner, principal, or had a controlling interest in a business, review all corporate documents and details. Be sure to check to see if there are any additional business agreements such as a buy-sell agreements, split-dollar agreement, etc.

Tasks to Be Completed Within 9 Months:

If the decedent created a Last Will or Living Trust, be sure to file these documents with the appropriate probate court. If there was any real estate owned out of his or her state of domicile, be sure to file ancillary probate in that state also.

If the decedent did not leave behind a Last Will or Living Trust, contact the probate ask the court or a probate attorney for instructions and assistance.

With regards to any of the decedent’s creditors, be sure to notify them by mail as well as by placing a notice in the local newspaper.  Any debtor’s claims must be made within the statute of limitations.  Although this varies from state to state, the standard time is usually 30 days from actual notice. Once a claim has been made, be sure to insist upon proof of all claims.

With regards to estate taxes, you may be required to file a federal estate tax return within 9 months of the date of death. Due to the fact that state laws vary, there is the possibility that state estate tax and/or inheritance tax returns may need to be filed.  Federal and state income taxes are due for the year of death on the normal filing date, unless an extension is requested. Should there be any existing Trusts in place at the date of death, a separate income tax return may need to be filed. It is highly recommended that all financial professionals and their families seek the advice of seasoned tax and estate planning professionals.

Tasks to Be Completed Within 9 to 12 Months

One of the most important tasks, which can often be overlooked or postponed, is to update your own estate plan — or your client or prospective client’s estate plan — if someone was a beneficiary or appointed as an agent, trustee or guardian.

Along the same lines, it is also extremely important to revise and update all beneficiary designations on the decedent’s or surviving parties retirement plans. This includes accounts such as IRAs, Transfer-on-Death (TOD) or Payable-on-Death (POD) accounts, pension plans, life insurance policies, annuities and any other accounts on which the decedent was named as a beneficiary.

Review the impact of the “big picture” financial situation, which includes changes in the household income, expenses, budget, as well as short and long-term goals and objectives.

Review the families insurance needs, including the insurance amounts, types, beneficiary designations and most importantly, any needs for insurance.

Reevaluate whether or not the existing investment options still make sense. This includes reviewing details such as existing asset allocation, goals and objectives, risk tolerances, income and estate taxes, income distribution and legacy planning.

Other Key Considerations

Although this is a matter that most families and loved ones wish to complete and have behind them, take your time and do not try to rush the settlement of a loved one’s estate. When it comes to estate planning and distribution, there are many important decisions that must be made in compliance with the Last Will or Living Trust and applicable state and federal laws. This is exactly why it is so important to seek the help and advice of an experienced estate planning attorney.

If your client, prospective client or loved one did not leave behind any End of Life plan with regards to their final plans and preferences, you can visit www.funeralresources.com and www.memorialtechnology.com. These are family-focused resource centers that contains the large majority of information most families seek help for when it comes to funerals, burials, memorial services, End of Life Planning and much more.

Christopher P. Hill, Founder

Digital Death Online and Digitial Estate Planning

Digital Death and Estate Planning

What Happens Online When You Die?

While it’s a scary thought, the thought usually passes quickly, possibly accompanied with a new status update and a quick image change. However, there are a lot of people who have given the issue of digital death a lot more thought.  This is particularly true given today’s new and innovative funeral and memorial services technology options.

Leading technologists around the world are grappling with the possibilities of what will happen to our online selves when we die. Currently there are no uniform policies across social media and online profiling sites regarding what happens when one of their users dies. As a result this raises questions about:

Privacy. Do you want anyone else accessing your Facebook or Twitter profiles and going through your emails after you’ve died? What about digital assets which are jointly held?

Access. Are you leaving behind the login details and passwords needed for a friend or family member to deactivate your accounts? Should the sites themselves automatically grant access to a deceased profile if a family member wants to close the account?

Legacy. Do you want your online self to remain ‘live’ as a legacy? Do you want friends and family to continue posting in your name? How do you want to preserve your digital estate planning online interactions, and how will that data stay relevant as file formats and technology change and develop?

Digital Death Day

While there may not be a holistic approach to what happens online when you die, there are a number of unique initiatives raising awareness and trialling new ideas and systems to make digital death easier to manage. For example, when the Digital Death Day conferences were held in North America in May 2011 this was the third time that attorneys, entrepreneurs, funeral directors, estate planners, researchers, archivists and leading thinkers gathered to have the conversation about the issues of family, privacy, digital property rights and the archiving and curating of data for anthropologists and future generations.

Digital Death Day calls itself an ‘unconference’ where all of the attendees work closely together to explore options for dealing with online profiles after death. Everyone is able to contribute and the first morning is spent creating a multi-track agenda from the feedback of all attendees, which makes for vibrant and relevant content. Digital Death Day explores the fact that while death is a part of life, what does that mean when most people’s end of life planning become largely digital?

Digital Death Resources

The conversation about what happens online when you die is of course taking place online too with blogs such as Death and Digital Legacy http://www.deathanddigitallegacy.com which covers topics such as how to download data from a deceased Facebook profile, how to make sure your online storage of posts, photos and files are really preserved electronically and whether you’d want your family to notify your friends of your death using your own Facebook profile.

John Romano and Evan Carroll have even written a book called Your Digital Afterlife http://www.yourdigitalafterlife.com which compares the legacy of photo albums, diaries and video tapes left behind by our grandparents, to the plethora of thoughts, feelings, images and memories we leave behind online. Your Digital Afterlife also discusses the issues surrounding passwords and who really owns your online content, as well as how that content can be preserved as file formats change.

Adam Ostrow takes the preservation of our online selves a step further in his speech at a TED conference http://www.thedigitalbeyond.com/2011/08/digital-legacy-presented-at-ted-global-2011.  Ostrow’s speech titled After Your Final Status Update asks whether we could, or should, be putting our online profiles in the hands of evolving technology in order to live on – there are already programs which can predict your next tweet based on your past posts, so why not upload the collective of your online interactions into a robot, or project your personality as a hologram to go on interacting with your family and friends after you die?

Digital Death Used to Save Lives

The conversation around digital death is also being used to stop unnecessary deaths from HIV and AIDS in Africa and India. The Digital Death Campaign to Keep a Child Alive began on World AIDS Day, 1 December, with the world’s most followed celebrities sacrificing their digital selves. This means that the celebrities’ Facebook and Twitter profiles go silent until a donation of $1,000,000 is reached to bring their online selves back to life. Plus, you can sacrifice your own digital life and encourage your friends and family to donate to the Keep a Child Alive campaign, and bring you back to life online.

Three Facebook Users Die Every Minute

At this rate that means that there will be 1.78 million Facebook accounts in limbo in 2011 because those users hadn’t prepared for their digital death. That’s the equivalent of the population of Western Australia, and as users and status updates continue to grow exponentially, how many deceased pages will there be in 10 years, how will Facebook and the probably non-tech savvy families of these people manage this amount of digital content?

In 2011 there are over 500 million people on Facebook and that number is expected to double by the end of the year to 1 billion users. As you think about those numbers, consider the fact that around 1 billion pieces of information are shared on Facebook every day. That is a staggering amount of information that we all felt compelled to share, so if it was important enough to post, isn’t it important enough to preserve?

However, despite digital content growing so rapidly, there are no plans for a way to manage, archive and remove our digital content when we die. For example, if you die and your friends or family want to close down your Facebook account they have to fill out a form and provide a link to your obituary search. If a copy of a key vital statistics such as a Death Certificate is sent to MySpace or eBay the account will be closed however, closing one of the 20 million eHarmony accounts can only be done by using a Last Will, Living Trust, and power of attorney who even then can’t gain access to the account.

There are 100 million tweets being posted each day from the 175 million users, and Twitter will allow a family member to save a copy of your tweets if you die, but no one else will be given access to your account.

Leave a Digital Legacy?  Or Have Your Digital Self Euthanized?

While you are alive you have absolute control over your online profiles and this is one of the main attractions of the medium – the fact that you can share your thoughts, your feelings, your questions and your experiences freely, with whomever you choose. As a result you are creating a rich database of yourself and your life experiences and isn’t that exactly why we put photos in photo albums, create a video tribute, keep diaries, have children and grow businesses – so we can leave something behind to be remembered by? So would you want to live on through your online self or would you rather leave the physical and the digital plane all together?

Digital Privacy

While most social media and online accounts have a policy to dictate what happens to your account when you die, there is still an overarching policy to protect your privacy when you are gone. For example, do you want your parents reading your Facebook status updates or do you want your partner reading through your private emails? Take a second to think about the contents of your inbox or the photos on your Facebook page – what digital dirty laundry would you be leaving behind if you died? However, it’s not only your own privacy that you should be protecting when you die, consider what would happen to the private messages stored in your Facebook or Twitter accounts, or emails which contain private information about friends, family, clients or colleagues. When you die, once private information is no longer bound by the terms and conditions of your friendship, but by the terms and conditions of your email provider or social network.

The various deceased policies of social media sites you may use include:

Twitter. Family and friends can notify Twitter of your death and your account will be removed. Family members can also save a backup of all of your public tweets. Twitter simply needs the name and contact details of the family or friend deactivating the deceased account and their relationship to the deceased, the username of the deceased Twitter account or a link to the profile page, and a link to a public obituary or news article. Twitter has the specific privacy@twitter.com email address for this process.

Facebook. Facebook has a feature where you can download all of your photos, videos, wall posts, notes, messages, events and friends which can be great for your records, as well as help your family manage your account after your death. Your family will need to know your username and password to access your account and archive the information and deactivate your account. However, even when a Facebook account has been deactivated, Facebook itself retains a copy of all information and there is currently no way to permanently delete a profile. Or family or friends can also complete a form and provide a link to an obituary to confirm your death and your profile will be officially memorialized. This means you won’t show up in Facebook suggestions and status updates won’t show up in the news feeds but your profile will remain as an online memorial technology.

MySpace. If MySpace are sent proof of death they will cancel a deceased user’s account.

LinkedIn. LinkedIn will also close your account if they receive confirmation of your death.

YouTube. YouTube allows your heir or power of attorney control of your account and all of the content.

Google + and Gmail. Google will provide account information to family members at their discretion.

Yahoo and Flickr. Yahoo owns Flickr and as a result both sites have a strict digital death policy, that once they receive a copy of your death certificate they will permanently delete all of your accounts and their contents so that no one but you can access them.

Hotmail. Hotmail will send a copy of all email messages which are stored on the account and the current contacts list to help your family notify your contacts of your death. Hotmail will then close the account on request.

eBay. Your family will need to fax a copy of your death certificate to eBay to close an account and all customer details are then deleted from the eBay database. eBay may also need to call to verify the account information.

PayPal. PayPal will need to view a death certificate before closing an account, and if there is money in the account a cheque will be issued in the name of the account holder.

Match.com. Match.com will block the account of a user who has died so that it is no longer visible on the site and your power of attorney will need to contact Match.com to retrieve account information.

eHarmony.com. Your eHarmony account will remain open until a family member or power of attorney contacts the site. Even then no third party will be allowed to access your account and eHarmony will close the account.

 

4 FREE Guides to End of Life Planning

Four Key Guides to End of Life Planning

Our Personal Gift to You and Your Loved Ones…

4 FREE Guides to Creating a Smart End of Life Plan

(Note: You can download, print, or save each guide below at NO COST)

Please Watch This Brief Video About Creating Your End of Life Plan:

1.  Completing Your Family Record Guide:

• Benefits of keeping all of your financial affairs in one place

• A complete list of key matters to have readily available

• Who can access and how often to update this information

2. Guide to Knowing Your 3 Best Options to Pre-Pay Funeral Expenses:

Pre Need Plan – How this plan works, who it fits, pros and cons

Final Expense Plan – How this plan works, who it fits, pros and cons

• Cemetery Pre-Purchase Kit – Burial Versus Funeral Pre-Planning

3. Guide to Choosing a Will Versus a Trust:

• The importance of creating an estate plan and how to start

• Easy-to-understand difference between a Last Will versus Living Trust

• Helpful ways to determine which is one is best for you

4. Guide to Creating a Love Drawer:

• Benefits of keeping all of your financial affairs in one place

• A complete list of key end of life matters to have readily available

• Who can access and how often to update this information

See Exactly Why a “Love Drawer” is So Valuable For EVERY Family:

Who Really Needs an End of Life Plan? And Why?

Who Really Needs an End of Life Plan?

See Exactly Why This Makes Sense…From the Heart

The sad truth is that the financial planning industry largely overlooks the fact that creating an End of Life Plan needs to be a part of a sound comprehensive financial plan.  To prove my point, as a Financial Advisor for nearly 25 years, I have never been trained or educated on how to help my clients prepare their end of life plans and preferences.  Furthermore, I have also never been trained or educated on how to help my clients deal with the funeral planning process after a loved one has passed.

See For Yourself Why This Makes Sense:

The Missing Piece of the Financial Planning Puzzle

The reality is that a client should logically turn to their Financial Advisor for anything that has to do with not only their money, but also  the best interests of their family.  This involves a detailed review and analysis of things like insurance, investments, estate planning details (How to Choose a Last Will or Living Trust), minimizing or eliminating taxes, college planning, mortgages, and so on.

The key point here is that as Financial Advisors, arguably the most important role we play is helping protect families against unexpected events that can cause major financial or emotional challenges…and possibly irreparable damages or losses.

Most Financial Advisors typically protect their clients by implementing traditional financial products and strategies such as life insurance or creating a Last Will or Living Trust with Estate Attorneys.  They also recommend and promote important insurance policies which are designed to protect against specific losses, such as disability insurance, long-term care insurance, annuities, car and home insurance, and many other options.  These recommendations can vary, since  of course, each family’s situation is usually unique and different.

To be honest, I considered myself to be extremely well-versed in how to protect my clients, as well as my own family, against unexpected events.  However, everything changed on Thanksgiving Day of 2008 when I lost a close loved one and had to go through this experience personally.

Very Few Families Know “What to Do Next”

Losing a close loved one is, by far, one the most difficult experiences anyone can face in their lifetime.  I remember feeling so disappointed as we went through this experience…thinking that since I was a Financial Advisor, I should know better.  However, the enormity of the situation really hit me when I realized that I was never trained or educated on how to plan and prepare my clients for this particular situation.  I am almost ashamed to admit, I was totally unprepared.

I can remember looking at my family, and without saying a single word, you could tell we were are searching for the same answers to “what happens next”?  Sadly, these are the questions that most families are forced to deal with every day when they lose a loved one, such as:

1.  What do we do now?

2.  Who can we turn to for credible help and advice?

3.  How do we get started?

What Could I Have Done Differently?

As I look back, I remember how comforting and gratifying it was to see our family come together and accomplish so many things in such a short period of time.  At the same time, I also remember feeling frustrated because we lacked the knowledge on how to deal with many of these challenges, and we also had not idea where to turn to for the help and answers we needed.

After experiencing all of the emotional ups and downs, the funeral planning challenges, planning all of the memorial service details, and even working out things like;  how to write a funeral eulogy, choosing funeral flowers versus donations, and choosing among the many cremation urns, I can honestly tell you that planning a funeral is overwhelming.

May I Offer Some Valuable Advice?

So after all of this, here is what I think so many people need to hear.  Consider these facts:

1.  There is nothing more difficult than the loss of a loved one
2.  Planning a funeral and memorial service is an overwhelming process
3.  The large majority of families are uneducated on the many details involved in this process
4.  Very few families are left with any end of life plans – telling them “what to do next”

The truth is it really doesn’t have to be this way. Yes, we are talking about death and dying.  No, it is not fun, and not something we like to even think about.  However, the harsh reality is that some day we will all die.  So when you break it down to these simple facts, you are left with two choices:

1.   Do nothing – and let your family add insult to injury
2.   Plan in advance – and minimize or eliminate some of the burden you will leave behind

What is the Key Message Here?

Again, I fully understand that nobody likes to talk about death, dying, or end of life planning.  However, we have to face and accept the fact that not are we going to die some day, but it could happen much sooner than anyone ever expected.

So my sincere hope is that I can encourage anyone who is reading this…every son, daughter, spouse, grandchild, or loved one…to have this discussion with your family. And since nobody knows what the future might bring, have this talk sooner versus later.

There is no such thing as preparing your End of Life Plan too soon.  On the contrary, the worst thing you can do is take the attitude of “I don’t need to do this now, that won’t happen to me, or, I can do this later“. As the old adage goes;

“By Failing to Plan…You are Planning to Fail.”

You Can’t Go Wrong:

By creating an end of life plan in advance, here are a few of the meaningful benefits you will experience from this selfless act of love:

1.  Peace of mind – You will sleep better at night knowing that you have completed this all-important plan, and that your family and loved ones will be forever grateful.  This is the true definition of a win-win situation.

2.  You control how you will be remembered – Knowing this will be a time of great loss for your loved ones, you will be remembered for showing how much you cared by sacrificing the time to do something very special, and easing the burden when it is needed the most.

After going through something like this helps you realize that every day is truly a gift.  I guess that is exactly why they call it “the present“.  So please, take advantage of “the present” you are given today and build a plan that allows your loved ones to celebrate your life, and focus on how grateful they are today…and will be after you are gone…for all of the great memories they were able to share with you.

Get Started Today – Your First Easy Step:

I would like to personally congratulate you, in advance, for taking the first step towards creating a smart End of Life plan for you, your family, and all of your loved ones!

The first step to getting started is clicking on this link below to access our:

Four Key End of Life Planning Guides

(Note: There’s NO COST to download, save, or print these four guides)

Christopher P. Hill, Founder
FuneralResources.com

10 Questions About Estate Planning, Living Trust, and Last Will

Estate Planning

10 Most Common Questions Families Ask About Estate Planning, Last Wills, and Living Trusts

1. What is a Will?
A Last Will is signed writing in which a person (often referred to as the “testator”) directs what is to be done with his or her property after death. Each state has its own very specific laws as to what is necessary for a Last Will to be valid in that state.

2. Who Can Create a Will?
Any mentally competent person who is at least 18 years old may make a Last Will. However, later proof of any fraud, duress, or undue influence by another person or the testator may cause the Last Will to be invalid.

3. Who Should Have a Will…and Why?
Every mentally competent adult should have a Last Will. Here are a few of the reasons:
• You can direct how you want your property divided at your death.
• You can name the person you want to handle you estate (called the “executor” or “personal representative”).
• You can reduce the expenses of administering your estate.
• You can save taxes.
• You can nominate a guardian for your minor children.
• You may provide for a trust for the support and education of your children without the necessity of costly court proceedings.

4. Does a Will Need to Be Witnessed? Does a Will Need to Be Notarized?
Generally, most states require that the signing of a Last Will must be witnessed by two competent persons, who also must sign the Last Will in front of the testator. (An exception to the witness requirement is made if the testator writes out the entire Last Will in his or her own handwriting, and signs and dates it.)

Although the law does not require a Last Will to be notarized, it is a highly recommended practice, followed by most lawyers. If the testator’s and witnesses’ signatures have been notarized, the Last Will is presumed to be properly executed and is accepted by the court without testimony from the witness.

5. How Long is a Last Will Valid?
Your Last Will is valid until you revoke it generally either by physical destruction (tearing or burning it up, for example) or by signing a superseding Last Will or written revocation.  However, if you get divorced after signing a Last Will, the law may consider the Last Will partially revoked. Also, if you are married, your spouse may have rights in your estate regardless of what is provided in your Last Will.

6. Can a Will Be Changed?
Your Last Will does not take effect until you die; therefore, it can be changed at any time during your life as long as you are mentally competent. Traditionally, Last Wills were changed by an amending instrument called a “codicil,” but with the development of modern word processing technology, it is usually better and just as easy to sign an entirely new Last Will when you wish to make changes.

7. What Happens If You Don’t Have a Will?
If you don’t have a Last Will, a state statute directs who receives you property, regardless of your wishes. For example, in my home state of Virginia, if you are married, your estate generally passes entirely to your surviving spouse; however, if you have children who are not also the children of your spouse, your children divided two-third of your estate, and your spouse takes the other one-third.

8. Is Joint Ownership a Good Substitute For a Last Will?
In most cases, joint ownership is not an acceptable substitute for a Last Will. Contrary to popular belief, joint ownership of assets between husband and wife often results in excessive estate takes. Joint ownership between parent and child may foster disputes between family members and cause unexpected and unnecessary gift taxes.

9. Is a Trust (Also referred to as a Revocable Living Trust) a Substitute for a Will?
A properly funded Revocable Living Trust can be a valuable and important part of the estate plan for many people, but it does not eliminate the need for a Last Will. If you have a Living Trust, you will still need a Last Will to dispose of those assets that have not or cannot be placed into the Living Trust.

As useful as they are, Living Trusts are not appropriate for everyone. Only your lawyer can tell you if you should consider one, and only you lawyer should prepare it.

10. Who Should Draft Your Last Will?
A person who drafts a Last Will must be familiar with the law in order to avoid the many pitfalls and to comply with the formalities necessary to assure the Last Will’s validity. Only a practicing lawyer is professionally qualified to give you advice regarding your Last Will, to prepare your Last Will, and to supervise it’s signing.

A Few More Practical Suggestions:

More than 70% of Americans Die Without Leaving Behind a Last Will.  Planning your financial affairs, and coordinating this with your estate plan, is a very personal and individual matter. You should decide for yourself the general purpose you wish to accomplish, and then consult with a seasoned estate planning attorney, financial advisor, and CPA if you want to have a coordinated and comprehensive plan, which integrates and accomplishes all of your financial goals and objectives.

Four practical steps to save time and help assure a sound result:

1. Inventory you assets. List in reasonable detail all of your property, real and personal, life insurance policies, and retirement plans, with your best assessment of their values.

2. Inventory your liabilities. List all debts and obligations, including principal amounts, payees, and essential terms.

3. List your family members and any other persons whom you wish to participate in your estate. Decide who might be an appropriate executor, trustee, or guardian for your minor children.

4. Decide what you want to accomplish. Determine what your objectives are, and to whom you wish your assets distributed.

Getting Started is Easy:

It just takes five easy steps, where your only cost will be your time:

Step One: Spend some time with your existing financial advisor, or an experienced financial advisor in your local area, so you can review the basic details your “big picture financial plan” together

Step Two: Your financial advisor will review this information and help you assess confirm exactly what your estate planning needs and preferences are

Step Three: Once your financial advisor reviews your overall estate planning needs, they can help you understand exactly how Wills and Trusts work, as well as which one they feel fits your situation best

Step Four: After you are fully comfortable and confident with their recommendation, you can consult with a seasoned estate planning attorney who can help you properly draft these documents and details

Step Five: Arguably the most important step, and often overlooked, is making sure that your estate planning attorney, financial advisor, and CPA are all working together to ensure all of your estate plans and preferences are coordinated and working properly with your “big picture financial plan”.

 

By |September 2nd, 2010|Categories: end of life, Estate Planning, Funeral Estate Planning, Last Will, living trust|Tags: , , , |Comments Off on 10 Questions About Estate Planning, Living Trust, and Last Will

New Preferred Provider for Digital Estate Planning

Online Estate Plan

FuneralResources.com Selects Entrustet.com

Preferred Provider for Digital Estate Planning

FuneralResources.com, the nation’s leading family-focused online Resource Center for funeral planning and preplanning, announced today they will be selecting Entrustet as a Preferred Provider for their Digital Estate Planning services.

Entrustet’s Account Guardian is a free service that allows consumers to securely list all of their digital assets. Digital assets include any accounts which are currently being accessed through the Internet, as well as computer files.  By storing this digital information in a safe and secure place such as what Entrustet offers, this provides people and families with the option of transferring or deleting this information in the event someone passes.

To find our more information about this partnership, simply visit FuneralResources.com and click on their “Funeral Memorial Technology tab, and then click on the drop-down link entitled “Digital Estate Planning Services”.

Hill points out that; “Today, when a family or Funeral Director visits FuneralResources.com, our Resource Center is filled with helpful articles, brief educational videos, grief counseling and support, common  funeral planning merchandise and services, as well as just about every new and innovative funeral technology tool, such as Entrustet.”

Hill’s goal with FuneralResources.com is to help raise awareness about any helpful tools that can help make such a difficult situation a little easier.  Another goal is to provide quick and easy access to resources such as articles, free How-To Funeral Guides, and the constantly evolving and growing number of useful tools and technologies that most families and Funeral Directors are commonly searching for.  Given the growth of the Internet, Social Networking, and more, having a place to store your Digital Estate Planning Assets will inevitably continue to grow, becoming a larger part of Last Will, Living Trust, and/or Funeral Estate Planning process in the years ahead.

 
About Entrustet:

Entrustet is a free online service that allows you to securely list all of your digital assets, which are online accounts and files on your computer, and decide if you’d like them transferred to heirs or deleted when you pass away. Through its free Account Guardian service, individuals protect their digital assets by deleting them or designating heirs to oversee their personal information after their death. Users can also choose to delete private files and accounts by using the Account Incinerator. Other services include the Lawyer Directory for lawyer referrals and the Corporate Partner Program in which companies can protect their users’ last wishes.

Preplan Your Funeral

Funeral Costs

Top 10 Reasons to PrePlan Your Funeral

When You Die, Show Your Family How Much You Love Them…
Minimize Their Emotional and Financial Pressures

When you die, it should be obvious that your family and loved ones will be emotionally devastated as they try to cope with this grief and loss, but adding the stress of funeral costs and funeral plans is a burden you can help relieve.  So knowing these facts, one of the greatest gifts of love is to minimize (or preferably eliminate) as much of the emotional and financial pressures as possible.

The sad reality is that more than 70% of those who die today fail to leave behind as much as a Last Will for their family and loved ones.  As unacceptable as that may sound, it gets even worse.  More than 85% of those who die today leave their family with no knowledge of their end of life plans, preferences, or how to pay for their funeral expenses.

Top 10 Reasons to Preplan Your Funeral

1.  Upon your passing, most people don’t have any idea how to get started, what they should know, or who they can turn to.  If you preplan a funeral or burial arrangements, this significantly minimizes the stress and pressures that can accompany such a difficult time of grief and loss.

2.  This advanced planning offers you the opportunity to decide and control just about every detail of your memorial service and how you will be remembered.

3.  By documenting your last wishes, you can ensure that you and your remains are handled, cared for, and placed somewhere that fits you and your preference.

4.  By creating a plan for your final affairs, this can also minimize or eliminate any uncertainties or disputes among your family members. For example, one of the small details that can actually cause serious family disagreements are special family heirlooms.

5.  Preplanning takes the guesswork out of the common questions of “what do we do next” or “what would you have wanted”? A properly structured preplan ensures that your loved ones know exactly what to do, as well as instructions on how to most efficiently implement your bequests.

6.  After suffering the loss of a loved one, some of the biggest challenges your family will face are thing like time constraints, little or no experience with these matters, and limited access to the best possible help and guidance.  Therefore, one of the biggest advantages of creating a sound end of life plan is that, if it is properly structured, it can reduce (or even eliminate) the large majority of these difficulties.

7.  Through preplanning your funeral, as well as paying for your burial and covering your final expenses in advance, this creates a much better overall experience and memorial service for you, your family, and even your Funeral Director.

8.  Since preplanning reduces or avoids a great deal of the obstacles involved in planning a funeral, this extra time allows your family to work through other important matters such as dealing with the grief and loss, planning your memorial service, notifying your loved ones, creating your obituary, writing a funeral eulogy, etc.  The more free time your family has, the much more likely it is they can create a truly special celebration of your life and memories.

9.  After completing your preplanning preferences for your family, this actually ends up enhancing your future too. By having these details planned out in advance, you can now enjoy the “peace of mind” to live every day knowing that you have taken the time to leave behind one of the greatest gifts of love.

10.  By selflessly taking the time to create a comprehensive end of life plan, you will always be remembered in a special way. Your family and loved ones will never forget the fact that you sacrificed your time and resources to take care of these all-important details. In reality, what you’ve done is created an everlasting memory that shows just how much you truly love the ones you care most about.

Action Item – Give Your Family What They Deserve:

When it comes to the things that are important in our lives, proper planning and preparation are some of the key to a successful outcome.  In this situation, my sincere hope is that these 10 reasons serve as an inspiration and incentive to start this planning and preparation today, and become proactive about these all-important estate planning matters. 

Although most families never talk about these kinds of things, just about every family member and loved one would prefer to have these plans in place.  Quite frankly, I think they should demand this from you.  So at the very least, leave your family with two things they absolutely deserve:

1) A Last Will or Living Trust
2) A comprehensive end of life plan, which includes pre-arranging your final plans, preferences, and also your funeral costs

I can assure you that your family will thank you, see how much you loved and cared about them, and also remember your efforts as being one of the greatest gifts you have ever given them.

 
Christopher P. Hill, Founder
FuneralResources.com

How to Create an Solid End of Life Plan

End of Life Planning

Your Family-Focused Gift of Love

Like so many families, when we suffered the loss of my mother last year we faced the difficult decision of what to do next. Because we were never willing to accept this as a possible outcome, nor did we think about planning in advance for this incomprehensible loss, we had no idea where to begin or who we could turn to.

Most people tend to overlook one of the greatest gifts you will give your family, which is properly preparing them for the inevitable. At best, you might have started your estate planning process by creating and choosing a Last Will or Living Trust.

However, the harsh reality is that approximately over 70% of Americans have no form of estate plan. So by having a will or Trust, you have clearly taken a step in the right direction toward preplanning your future financial wishes. The problem is, this form of planning fails to accomplish the most important task, which is addressing your family’s immediate concerns.

The person, or in most cases people, responsible for taking care of your final arrangements are usually forced to make extremely important decisions, as well as major financial purchases, within a small time frame…usually within approximately 48 hours after your death. Of course, you cannot expect to fully alleviate the emotional and financial stresses of your loved ones during such a difficult time, but you can help them tremendously by having a plan that outlines your funeral wishes.

Most financial professionals are realizing that an integral part of a sound financial and estate plan is taking care of your funeral services ahead of time.  To preplan a funeral gives you the ability to choose your method of disposition, the exact type of services you want, and allows your family to focus more on things such as grieving and recovery. In addition, preplanning is also a good thing for you because it allows you to make extremely important decisions through a calm and clear thought process. Emotionally, it is much more likely that you will create a more rational and logical end of life plan.

When preplanning your funeral, here are several general guidelines to begin your preplanning process:
* Visit various funeral homes and interview multiple funeral directors
* Choose a funeral home and director where you think your family would be most comfortable
* Consider bringing family members with you during this selection process
* Be aware and informed of bereavement entitlements such as veterans, unions, fraternities, etc.
* Consider religious and moral convictions, and discuss them with your family
* Determine your method of disposition (burial, cemetery, entombment, cremation, etc.)
* Plan your ceremony considering things like casket viewing, religious aspects, who should be included, etc.
* Itemize your costs
* The Federal Trade Commission offers a free funeral planning guide titled “Caskets and Burial Vaults” (202-326-2222) which has made it easier for consumers to comparison shop.
* The FTC Funeral Rule requires funeral directors to give pricing information over the phone, as well as provide you with a readily available General Price List if you visit them in person. This FTC Funeral Rule also allows you to purchase caskets, which are the single largest funeral expense, from outside vendors without the threat of a carrying charge.

What About Paying For Funeral Expenses In Advance?

Although planning your funeral arrangements in advance may help alleviate many of the details, prepaying (also known as prearranging or a Pre Need Plan) for your funeral services is a way of taking care of the actual expenses.

Prepaying your funeral or cremation is one of the fastest growing, and most appreciated and accepted aspects of funeral planning. Similar to preplanning your funeral, paying your funeral expenses in advance is also becoming widely accepted by many financial professionals as a solid piece of a sound financial and estate plan.

When prepaying your funeral plan, the most common and widely used strategies are savings and life insurance, mainly because they tend to be deemed the most reliable and readily available. However, there are several other strategies to consider when prepaying your funeral costs or expenses:

Savings

Although many people choose to set aside savings to pay for funeral expenses, there are several reasons this does not always end up working out as originally planned. First, the savings can be depleted based on unexpected financial circumstances, such as health or financial issues. Second, these funds are not always readily available and liquid upon death due to the challenges and restrictions often found in estate planning. Third, the funds set aside can often be insufficient due to inflation and the rising cost of funeral expenses. Finally, it should be noted that savings are included in a part of one’s estate, and, thus, the taxable consequences can often come into play.

Life Insurance

Term Life Insurance is widely considered to be a flexible, simple, and affordable way to pay for your final funeral expenses. Although Term Life Insurance has a set term, or set number of years, it also has multiple uses in prepaying for your funeral. Because upon your death it becomes a liquid asset that is usually not part of your estate, it can be used for many things such as funeral, burial, cremation, liquidity, and many other things, including debts or obligations.

In addition, there are some types of life insurance that allow the funds contributed to these policies (either in lump sum, monthly, quarterly, semi-annually, or annually) to grow and accumulate as a cash value that can be accessed if necessary. Therefore, these policies can not only be used for funeral expenses, but also for other financial planning options that may arise such as financial emergencies, college, etc.

Funeral Insurance

Funeral insurance is an insurance policy which is specifically designed to cover any costs or expenses which are directly related to your funeral. If you purchase one of these policies, one of the options you have is to determine exactly which funeral costs or expenses are to be covered, such as flowers, burial plot, grave marker, and much more.

Another option you have is for the policy to be paid out in a single lump-sum, which can be used to cover your pre-determined costs or expenses, or simply help your loved ones financially as they plan for you. There are many insurance companies that offer funeral insurance packages, and certain funeral homes or funeral companies also offer policies.

Pre-Need Trust Agreements

Another alternative to prepaying your funeral is to consider a Pre-Need Trust Agreement to pay for your costs or expenses. Generally speaking, these Trust accounts are typically funded with monthly payments that are invested in a fund which is designed to grow over time. Although a Trust account is designed to provide the potential for protection against inflation, it is not guaranteed to do so.

Take the First Step Today

In summary, although nobody likes to think or talk about dying, it is one of the facts of life we all must eventually face. If you are trying to build a successful financial plan, the only way you can be sure your plan works smoothly and efficiently is to be proactive about your planning process. This is particularly true and necessary when creating a proper plan of succession, which I firmly believe should include an end-of-life plan.

Christopher P. Hill, Founder

Three Main Reasons Families Seek Funeral Planning Help Online

Funeral Planning Help

Three Most Common Reasons Families

Need Help Planning a Funeral

There are three common situations where families need funeral planning information, guidance, and support:

1. A loved one has recently passed:

One of the best ways to reduce the stress and pressure involved when you need to plan a funeral is to make sure you’re well prepared. This involves being able to access helpful information, people, places, and resources.  It also helps to start with a plan.

FuneralResources.com is solely designed to help you find complete details regarding everything you need to know when facing any type of funeral planning. Our goal is to help you organize this process and ensure educated and clear decision-making, as well as provide access to pre-screened funeral homes and professionals.

2. A loved one has been diagnosed as terminally ill:

There is usually a tremendous amount of chaos surrounding funeral planning, especially when the loved one in question has been diagnosed with a terminal illness.  At such a time, you will likely be overcome with grief and loss, and need someone slightly more removed from your loved one, such as professional grief counseling, to act objectively and handle the many options and responsibilities of planning a funeral in advance.

Key considerations when faced with a terminal illness:

a) Review the Last Will of your loved one to learn of any special or unique arrangements they might have in place. The goal here is to find any plans or preferences regarding their end of life planning, as well as to see if they might have accomplished any preplanning.

b) If established, be sure to review their Living Will and Advanced Medical Directives. These documents can become extremely important in the event certain difficult health circumstances arise. The goal of these documents is to ensure their last wishes are carried out by the people closest to them in the event they become physically or mentally incapable of making these choices on their own.

c) If everyone mutually agrees that the Last Will or Living Trust is not going to be discussed or reviewed until after death, we strongly suggest that you consult with a funeral estate planning attorney to review the Last Will and identify if there are any special instructions concerning their last wishes.

d) Inform certain key people of what likely lies ahead including immediate family, friends and relatives, co-workers, insurance companies, a family doctor, the Cemetery or other burial place, other organizations such as churches, social clubs, etc.

3. Preplanning your end-of-life plans and preferences

In the past, planning for your death in advance was considered to be taboo. Today, preplanning a funeral and the accompanying arrangements is a popular decision and should be considered an important part of planning for the future. There are many reasons to consider learning more about the 3 ways to preplan a funeral. The most important reason is because it reduces or eliminates the emotional and financial pressure of making difficult decisions during life’s most challenging circumstances. In addition, prearrangements also let you choose exactly how you want to be memorialized and allows for personal preferences in all aspects of the funeral service. Not only is this becoming a widely accepted part of a sound comprehensive financial plan, but we firmly believe this is one of the greatest gifts you can leave your loved ones.

 

Funeral and Death Estate Planning – Last Wills Versus Living Trusts

Funeral Estate Planning

The Differences Between a Last Will and Living Trust?

Which One is Best For You?

 

Who Should Have a Last Will?

The sad truth is that most financial advisors and estate planning attorney’s will tell you that approximately 70% of Americans die without and End of Life Plan or Last Will, also known as a Last Will and Testament.  In my opinion, this is totally unacceptable! Why? Because I am fully confident that most of us:

• Truly love our family and loved ones
• Would prefer not to place any unnecessary or additional burden on our loved ones during a time of terrible emotional loss

Please allow me to explain why funeral estate planning is so important. Should you pass without so much as a Last Will, the unfortunate reality is that state law will determine how your property is distributed, as well as take control of your estate if you should you become disabled or incompetent.

The Statute Called “The Law of Intestate”

The best way I have found to describe intestate is simply; “having a lawsuit with your state of domicile over the management of your estate”. Put another way, it will not be you or your family who ultimately decides what happens to your assets, your children, and your financial legacy – but rather your state, the government, and your least favorite uncle – Uncle Sam.

I think it is safe to say that your personal wishes for the disposition of your money, children, estate, well-being, and how you want to be remembered would not be exactly the same as that of your state or local government. Therefore, dying without a Last Will is going to put your family through an extremely difficult, time-consuming, and expensive ordeal…at a time when they should be focusing on celebrating your life and the wonderful memories you’ve left behind.

So I think you can reasonably conclude that I firmly believe that everyone, regardless of your net worth, marital status, or age, should have a fully completed and executed Last Will!

Why? Creating a Last Will accomplishes two extremely important things for both you and your family. First, it helps protect you against scenarios in the event something happens unexpectedly such as a disability, incapacity, severe accident, coma, amnesia, etc. Second, as I mentioned above, it becomes one of the greatest gifts we can give our loved ones by making this difficult period easier, less emotional, time-consuming, expensive, and uncertainty.

Why Would Someone Choose a Living Trust?

Most Estate Planning Attorneys will agree that a better and more useful funeral estate planning tool is using a Living Trust, also known as a Revocable Living Trust.

One of the most common questions most families ask is “What are the advantages of creating a Living Trust versus a Last Will”?  Well, although a properly structured Last Will is a “must-have”, one of the biggest disadvantages with having a simple Last Will is that it must go through probate.

What is Probate?

Probate is a court supervised procedure by which the court ensures that the assets governed by your Last Will are valued properly, the debts of your estate are paid off, and the remaining assets are properly distributed to the persons named in your Last Will.

The probate process is typically a negative experience, to say the least. Here’s why:

It is expensive. Legal and executor fees and other costs must be paid from your estate before anything can go to your heirs. The costs are usually estimated at 1-5% of the gross value of an estate (before debts are paid).
It takes time. Often 1-2 years or longer, depending on your state. During this time, assets are usually frozen and nothing can be distributed or sold without the courts approval. If your family needs money to live, they may have to ask the court for a living allowance, which the court may or may not approve.
Your family has no privacy. Probate files are open to the public, so anyone (including a business competitor) can see what you owned and whom you owed. This knowledge can also invite disgruntled heirs to contest your Last Will.
Your family has no control. The probate process controls, and it can be very frustrating for your family to have to pay for the court to tell them who gets what money and when. This frustration very often leads to family feuds, disputes, and family members may even choose to contest the Will.

So as you can see, probate can be a very emotional and difficult process. If you ask anyone who has been through the probate process (like my father), they will very likely tell you it is something you want to avoid at all costs if possible.

That is why many families choose a Living Trust, also called a Revocable Living Trust. A Trust, if drafted by a seasoned Estate Planning Attorney, can be a comprehensive document that will allow you to avoid many of the challenges when handling a deceased estate, such as:

  • Avoid the probate process
  • It is extremely hard to contest
  • Can potentially reduce or eliminate estate taxes
  • Will preserve your privacy
  • Expedite the distribution of your estate
  • Allows parents of small children (like myself) to give specific instructions to the Trustee or Guardians as to when to make distributions to the children, what they can use the money for, and at what ages to begin letting the children have control over some (or all) of the monies
  • Many other challenges such as special needs, special instructions, multiple marriage situations, etc.

 

So Which Is Better…A Last Will or a Living Trust?

The reality is there is no exact answer to this question, simply because either a Last Will or a Living Trust can be deemed as most effective, but largely depends on each families personal situation is unique. Therefore, as with any decision that is extremely important to your financial future, the best way to make the right choice is to seek the help of qualified and credible Estate Planning Attorney who can help you determine whether a Last Will or a Living Trust makes the most sense.

One last suggestion that is very important is making sure you work closely together with both your Financial Advisor and Estate Planning Attorney when determining your most appropriate wealth transfer strategy. The reason why this is so important is because you need to ensure that, whether you create a Last Will or a Living Trust, this document is not only established correctly, but also that it is properly coordinated and integrated with the rest of your comprehensive financial plan.

I cannot encourage you strongly enough to be proactive, and take the first steps towards completing this necessary part of your financial and funeral estate planning.

Personally, I am proud to say that my family and I have completed our Funeral Estate Planning, as well as coordinated it with our comprehensive financial plan.  This helps me sleep better at night knowing I have created this all-important gift for my family…and I truly wish the same for you!

 
Christopher P. Hill, Founder
FuneralResources.com
www.funeralresources.com

By |January 2nd, 2010|Categories: Blog, Death, end of life, Funeral Estate Planning, Funeral Planning, Last Will, last will and testament, living trust, revocable living trust|Tags: , , , , , , , |Comments Off on Funeral and Death Estate Planning – Last Wills Versus Living Trusts

5 Easy Steps to Create Your End of Life Plan

End of Life Plan Steps

5 Easy Steps Create an End of Life Plan

The Greatest Gift Your Family Will Always Remember

Live As If There’s No Tomorrow

The truth is nobody likes to talk about death or dying.  However, the unfortunate reality is that all of us will be forced to deal with this difficult situation at some point, and often times it happens when we least expect it.

Another harsh reality is that the large majority of financial professionals and families overlook or ignore the importance of incorporating a smart end of life plan as a part of a comprehensive financial plan.

I firmly believe that nobody would ever want their family and loved ones to have to deal with any unnecessary emotional and financial decisions (or costly expenses), during what could arguably be the worst times of their life.  However, yet another harsh reality is that over 70% of people who die fail to leave their family and loved ones as much as a basic Will, also called a Last Will and Testament.

Use These 5 Easy Steps:

I’ve put together 5 easy steps that should help every family improve their financial plan, simply by adding these key pieces of a smart end of life plan:

1.  Finish your Last Will or Living Trust, Living Will and other end of life directives.

2.  Complete our FREE Family Record Guide, which contains funeral plans including:

• A budget for the funeral costs that will be involved
• Your preference on a burial or cremation
• The location of your burial, or where you wish your ashes scattered
• Decide if you want a large memorial service or a small one
• Pre-arrange the caskets or cremation urns you like
• Choose officiates and others you want to run or speak at your service
• Pick the funeral music and Video Tribute you wish to have played
• What you would want engraved on your tombstone

3.  Create a “love drawer”, which is a central location where you keep all your end of life plans mentioned above. Choose someone to tell, and update it every two years.

4.  Consider using funeral insurance, such as pre need or final expense plans, which are specifically designed to pre-pay for all of your plans and funeral expenses

5.  Take advantage of the new memorial technology tools such as:

• Consider funeral webcasting on the Internet, so everyone possible can “attend”
• Build your own personal DVD Video Tribute, complete with songs and pictures
• Create and design a memorial website, who loved ones can share together online

Benefits to You and Your Family

By taking these steps now and creating your end of life plan in advance, you are sending your family a very strong message – which says that you cared enough to make this difficult time a little easier.  Not only with they thank you, but they will remember this selfless gift of love forever!

Chris Hill, Founder
https://funeralresources.com