For Detailed Instructions Consider a Letter Of Instruction
I have frequently written about letters of intent as a means for parents of disabled children to pass on information regarding their instructions if the parent dies. See April 6, 2021, “Parents of Disabled Children Can Consider Letter of Intent.” Only recently have I come to appreciate Letters of Intent or the similar Letter of Instruction in another context. Executors can use additional information in administering estates, especially if the executor is unrelated to the decedent.
For disabled children I had noted that legal documents can only go so far in conveying a parent’s knowledge and desires regarding their child’s future and noted that estate plans that consider disabled children, especially those who are still minors, can include plannng beyond what most parents might not realize.
The writing is referred to as a “Letter of Intent.” It is similar to a “Letter of Instruction” in that it makes clear what the maker wants after he or she passes away.
For a Letter of Intent for a disabled child, after the question who will take care of my son if I die or become disabled? or where will she live and with whom? come questions about who understands her needs. Are there ways that I can convey that special information that only a parent might know? It also assists in making informed decisions regarding distribution of funds.
For a letter of instruction on the other hand in connection with an estate, the kind of information to be provided to an executor could include, among other things, the following. Is burial or cremation preferred? Was a prepaid burial account established with a funeral home and, if so, where? Would the maker of the document prefer a religious service, a memorial service with no reference to religion, or no service at all? Should he or she be interred in a family plot or next to his or her spouse? If a religious service is to be held, where should it be held? The maker could include specifics including hymns for the service or statements to be made.
Is the maker of the letter of instruction a Veteran? Would he or she wish to be buried or to have his or her ashes placed at a Veterans’ cemetery? If so where? Here the person must qualify under the Veterans’ rules and the rules of that cemetery. Would he or she want additional services that can be provided to Veterans such as color guard, flag and other recognitions. Who should be invited to the funeral or memorial service or should an obituary suffice? Would the maker want an obituary? Note that where estates are involved in Pennsylvania publication of the estate at least is required regardless of a letter of instruction.
Additional Considerations. Once the decision is made to have a Letter of Instruction other questions arise. Where should it be placed so it can be found and used for reference at the appropriate time?
I used to prefer bank safety deposit boxes but have reconsidered that preference. If the Will and other critical documents are contained in a safety deposit box at a bank the Executor would only have legal authority to act after Letters of Administration (referred to briefly as a “Short”) have been issued. This would usually be too late – after the funeral is over.
Also the Executor could be caught in a conflict. The “Short” would be issued after the Will is probated. However, if the Will is contained in the safety deposit box it likely could not be accessed.
An alternative can be a safe at home or a specific location known to the Executor where the documents can be accessed.
As became clear after an appointment with one client couple, the best solution would likely be to keep all important documents including the Wills, Financial Powers of Attorney, Health Care Powers, Living Wills or Health Care Directives, the Letter of Instruction referenced here and also insurance forms, documents regarding the prepaid burial reserve, information regarding assets and resources including names and contact information for their attorney, financial planner and accountant at one location known to the trusted person or persons who need to have access.
It sounds like a lot and it is but, once done, it can provide peace of mind. Also, remember to advise the person or persons involved if you move the documents. They need to be able to find them months or years later. This is important.
About the Author Janet Colliton
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.