When people think about estate planning, they usually think about Wills, Trusts, and Powers of Attorney. Those legal documents are essential, but they are only part of a complete estate plan.
As an estate planning attorney, one of the biggest frustrations I hear from Executors, Trustees, and Agents is that they know what they are supposed to do, but they cannot find what they need to do it. They spend hours playing detective—searching through mail, old emails, filing cabinets, and computer files trying to figure out where someone banked, whether a life insurance policy exists, what bills need to be paid, or even which doctor treated their loved one.
A few simple, non-legal documents can make an enormous difference.
Create an Asset List
Your Executor, Trustee, or Agent cannot manage an asset they do not know exists. Keep a current list identifying your bank and investment accounts, retirement accounts, life insurance, real estate, business interests, vehicles, and other significant assets.
You do not need to constantly update account balances. The goal is to provide a roadmap: What do I own, where is it located, and how can the person handling my affairs find it?
Include digital assets and online accounts, and make sure someone knows how to access important electronic records.
Give Your Health Care Agents a Medical Roadmap
A Health Care Power of Attorney gives your Agent legal authority to make decisions, but it does not tell them everything they may need to know about you.
Prepare a summary of your physicians, medications, allergies, medical conditions, prior surgeries, health insurance, and preferred hospitals. Consider also writing down your values and wishes. What does quality of life mean to you? What medical outcomes would you find unacceptable? Are there religious or personal beliefs you want considered?
Your Agent may know they have authority to make a decision. The harder question is often:
What would you want me to decide?
Help Your Children’s Guardians Know Your Children
Parents should think beyond naming guardians in their Wills. Imagine someone had to take over your children’s care tomorrow. What would they need to know?
Create a document describing each child’s routine, school, doctors, medications, allergies, activities, important relationships, bedtime habits, favorite foods, fears, and sources of comfort.
Include information about your parenting priorities, education, religion, family traditions, and the people you want to remain involved in your children’s lives. Update this information as your children grow.
Leave Instructions, Not a Mystery
Do the same for pets, your home, business interests, and other responsibilities. Identify veterinarians, accountants, insurance professionals, financial advisors, and other important contacts.
Your legal documents put the right people in charge. Your non-legal documents give them the tools they need to do the job.
At Reznik Law, PLLC, we believe comprehensive estate planning involves more than preparing legal documents. We help our clients think through the practical side of incapacity and death by providing resources, checklists, and recommendations for the non-legal information their Executors, Trustees, Agents, and Guardians may need. Our goal is not only to give the people you trust the legal authority to act, but also to help you give them the information and tools they will need to carry out those responsibilities effectively.
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