Legal documentation you should prepare in advance of your death and 5 questions to ask when interviewing estate attorneys

Feb 04, 2023

Welcome!

Last week I revealed some little-known facts about fire cremation, it's negative effects on our planet, and some more earth friendly alternatives. This week I'll be diving into the types of legal documents that you’ll need to have ready before you have an event occur that renders you mentally unfit to decide for yourself what your wishes are for the end of your life.

Please work with an estate attorney to determine what the requirements are for your state, I am not a licensed attorney.

I can however tell you that the executors for my in-law’s estates were overwhelmed attempting to locate all of these documents, close out the home business, and liquidate the estate while trying to dispose of rental property after the car accident that suddenly took their lives. To contrast, the parents I lost to terminal cancer had their documents together and a plan that was filed with their attorney. My brother and I were free to grieve with our family instead of scrambling to put their estates in order.

Legal requirements:

Advanced directives - your living will, and durable power of attorney dictate what you wish to be done while you're still alive (medical procedures, life support, do not resuscitate, etc.) and who can sign for you and make decisions if you are unable to. These will be filed with your Dr and the hospital after being created with your attorney. Fivewishes.org has a planner to get you started, it is not free.

After your death, your will and designated agent filed by your attorney become the documents and person controlling what happens next. If you've pre-planned everything, your designated agent will begin the process of filing your death certificate, which will usually also generate the disposition and transportation permits. These documents you've created to outline your wishes for disposition and final arrangements must be followed to the letter, by law.

Documents to keep in a safe place:

  • Will and living will
  • Contact information for attorney and accountant
  • Bank and Credit Union account information
  • Property and vehicle deeds
  • Insurance policies and agents contact information
  • Birth and marriage certificates
  • Social security, social services, and veteran's association information
  • Credit card and utility company account information
  • Employer contact information
  • Newspaper, magazine, and mail subscription information
  • Online accounts, internet service, and computer passwords
  • Funeral plans and memorial specifications
  • Business continuation or closure documents if you own a business (or part of one)

This list is by no means comprehensive, but it gives you an idea of the sheer scope of information required to deal with at the end of someone's life. Do you want to leave your loved ones with this burden? Or handle as much as you can before you die?

I know a few professional organizers and most of them offer a document filing solution. Make a few calls and find a local professional to assist you if this is an area you struggle with. I’m happy to help you do some research to solve these and any other questions you may have! Sign up for individual coaching today.

5 questions to ask when interviewing estate attorneys:

Do some research into estate attorneys in your area. When you have a list of highly rated and reviewed potentials, give them a call, and ask the following:

  1. What will happen at the initial meeting (only get to know you, provide education, or give actual legal advice) and what is the charge for this meeting? Free meetings won't have much in the way of advice, look for minimal costs and education on specific topics you have concerns about.
  2. Fee structure and what is included in them? Flat fees should cover everything and not have charges for photocopying, postage, faxing, or other menial tasks.
  3. Do they offer on-going services and a review every few years? How much does this cost? If you allow your will become outdated, it will be ineffective and can make the process more complicated for your loved ones.
  4. What is their process for recording intangible wealth? Intellectual, spiritual, and personal assets that make you who you are? They should have a process that helps you record written or verbal information to pass your wisdom, values, insights, and experience along to your loved ones.
  5. How responsive will they be to ongoing needs, and can you expect them to communicate with you proactively if something in your documentation needs attention? If you buy or sell property, make a new business arrangement, etc. This will need to be reflected in an updated will.

I hope this advice is getting your mind turning in the right direction for leaving your loved ones with a legal plan of action and pre-planned funeral arrangements. Researching and interviewing estate attorneys is a big step in the right direction!

Please let me know if you have any questions and keep an eye on your inbox next week for more information on planning your own green home funeral. Sign up for individual coaching today and allow me to help you transition well!

Love and Light,

Christine

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