While most adults know they should have a will—though
regrettably many don’t have them—few realize
they should also have a companion document known as a letter
of instruction. This letter can help organize their own finances,
ease the stress for their surviving heirs at a difficult
time, and ensure that none of their estate is “lost.”
A letter of instruction is a flexible, informal, cost-free
personal document which is not legally binding but which
can serve multiple purposes. Among them:
Provide a list of the estate’s assets. Every year
people die and leave behind abandoned assets that are never
found by their heirs. One attorney, for example, recalls
a case where it was years after a woman’s death before
her squabbling heirs from several marriages discovered concealed
cash and jewelry.
The letter of instruction might detail the location of assets
such as
- Bank and investment accounts (and any automatic withdrawal/deposit
information)
- Stock and bond certificates you’ve kept instead of
the brokerage firm
- Real estate documents
- Retirement accounts including 401(k) plans and individual
retirement accounts
- Life insurance and annuity policies
- Assets held in trust
- Post-death benefits due from employers, the Veteran’s
Administration, Social Security
The letter should detail their location, their approximate
value, and account numbers, as well as how the assets are
owned (jointly or individually, for example) and how they
will pass at death (directly to a beneficiary, through the
will, through a trust). Compiling a list of assets provides
an opportunity to be sure your designated beneficiaries are
the ones you want, and it minimizes fees from financial professionals
who might otherwise have to assist in locating assets.
Instruct disposition of personal effects. Because a valid
will is legally binding, you may want to use your will to
instruct who is to receive valuable or key personal possessions.
But a letter of instruction can be useful for lesser items,
as well.
List advisors and others. Provide the names and phone numbers
of your financial planner, accountant, brokers, insurance
agents, attorney, and other financial professionals. Also
list such contacts as clergy, employers, trustees, and your
estate executor.
Tell location of other essential documents and information. Tell your heirs where they can find your safe-deposit box
(and the key to it), will, tax records, birth certificate,
military records, and credit card accounts (you may want
them closed).
A list of debts. Detail debts you owe and that are owed
to you (and what you want done with debts owed to you).
Spell out funeral arrangements. Granted, this often is emotionally
difficult to do, but it will help your loved ones if you
describe the type of funeral or memorial service you want.
Cremation? A particular type of casket? Provide information
for your obituary. Include the name and address of a cemetery/funeral
home if you’ve already bought a burial plot or prepaid
for a funeral. Your heirs are not legally bound to follow
all your wishes, but spelling them out is usually far better
than letting loved ones guess.
Include personal messages. A letter of instruction can be
a good place to leave personal comments to survivors, instead
of cluttering up a will with them.
Write it out clearly. Don’t shorthand information.
Your heirs may not understand your instructions as easily
as you might think, or responsibilities might fall to family
member or friends less familiar with your estate and desires.
Organize your finances. The very act of locating your financial
assets and important documents, plus spelling out other details
for your heirs, provides a great way to organize your finances
for your own benefit.
Don’t keep copy only in a safe deposit box. You’ll
want your heirs to obtain the letter of instruction right
away. Don’t store the only copy in a safe deposit box
where it might be difficult to reach. Keep a copy at home,
with your executor, or with an attorney.
Update annually or when needed. Because letters of instruction
are not legally binding, it’s easy to update them annually
or when there are major changes such as a marriage, divorce,
or the purchase of valuable property. All you have to do
is make changes and provide freshly dated copies to the appropriate
sources. You don’t have to have them witnessed as you
do a will.