How to Prepare Letters of Instruction To Family,

Employees, and Executor Regarding Funeral Arrangement s,

Business Transfer and Post !eat" Procedures
Compiled by Kenneth A. Vercammen, Esq. from various sources
We highl y recommend all adul ts have a current Will, a Poer of Attorney
and a !iving Will. "n addi tion, indi vi duals are encouraged to plan ahead and ri te
messages to thei r famil y and e#ecutor detaili ng their specific desires regardi ng
funeral and burial. Written instructi ons to your famil y and e#ecutor contai ni ng
informati on and guidance ill mini mi$e uncertai nt y, confusion, and possible
oversights folloi ng your death. %he informati on you furnish should ease the
settlement of your estate and provi de for an orderl y inding& up of your affai rs.
'ou need to share hat you (no ith those ho ) often suddenl y and i thout
arni ng* must step into your shoes and carry out your final needs.
#"at $"ould %our Letters of Instructions &o'er (
Letter to %our Family
%ypicall y, this letter ould be ri tten to the person ho is your e#ecutor.
'ou may also ant to address the letter to your children, particul arl y if they are
the pri mary beneficiari es of your estate or they ill be called upon to assist your
spouse directl y in the settlement of your estate and business affairs. %he letter
of instructi on is prepared by you and is meant to provi de assistance and
guidance to your famil y regardi ng items not covered in your ill. T"is letter
will not c"ange your #ill) If you wis" c"anges in your #ill, spea* to your
attorney) +ome possible points to cover in the famil y letter are ,
-. .uneral and burial arrangements, Where, by hom, hat (ind, and at hat
cost/
0. Anatomi cal gifts, "denti fy the nature and location of any anatomi cal gift
declarati ons you have made.
1. 2emorials and contri buti ons, "denti fy hat organi$ati ons or insti tuti ons might
be appropriate recipients of memori als or chari tabl e donati ons made in your
memory.
3. Preparati on of obituary, +hould your obituary be prepared in advance and be
updated periodicall y/ %o hich nespaper should it be sent/
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4. 5otificati ons of friends, relati ves, business associates, and colleagues in
chari tabl e or civic groups. "denti fy those persons to be contracted upon your
death, noti ng any particul ar requests or messages to be given, and listing thei r
current addresses and phone numbers.
6. !ocation of your safe& deposi t bo# and its (ey.
7. !ocation of your ill and estate planning documents, "nclude any trusts, buy
sell agreements, or e#traneous ri ti ngs incorporated in your ill.
8. 2edical and hospi tal coverages and location of the policies.
9. +ocial +ecuri ty and Veterans Administrati on benefi ts, "denti fy current or
potenti al benefi ts.
-:. !ife insurance, "ndicate here policies are located and hat steps should be
ta(en to collect policy proceeds.
--. !ocation and e#planati on of ti tl e documents and other records relati ng to
your assets. "nclude deeds, stoc(s, bonds, ban( accounts and deposi ts,
retirement plans, and vehicle titles.
-0. "denti fy obligati ons invol vi ng periodic payments, such as your home
mortgage, car loans, and other debts, includi ng amount and to hom payabl e.
-1. "denti fy your attorney and professional advisers )includi ng your accountant,
bro(er, trust officer, and insurance agent* ho you currentl y use or recommend.
-3. Key employees and business friends to (eep business operati ng until sale.
%he value of an ongoing business is much greater than a closed one;
'ou should revie and update your letters of instructi on periodicall y to be
certai n they are complete and current. "n most cases, you should personall y
discuss the contents of the letters ith the persons to hom they are addressed,
especiall y so ith your spouse and e#ecutor to ampli fy or clarify the instructi ons
given and anser any questions. "n all events, it is advisable to give the letters
of instructi ons once ri tten to the addressees so that they ill be aare that the
letters call for certain actions promptl y after your death. A letter setti ng forth the
above items ill be especiall y helpful if your e#ecutor is someone ho doesn< t
live ith you and doesn< t (no the location of all your personal papers and
assets. .or those indi vi duals i th a business, a shareholder< s agreement or buy&
sell agreement is recommended.
&onclusion
While the precedi ng list contai ns possible topics to be covered in your
letters to your famil y and e#ecutor, the list is by no means e#hausti ve. A number
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of these items may not be applicable in your situati on, and probabl y there are
many others that are applicable. %he important thing is to spend some ti me no
consideri ng hat you should tell those most closely associated i th you to
facili tate thei r handli ng of your affairs upon your death, and then ri te those
matters don as soon as possible.
Each of us has our on style of letter ri ti ng, especiall y hen e are
ri ti ng our loved ones or close associates. "n such circumstances a special and
personal form of communi cati on is needed. We are mindful that each such letter
should be unique and that there is no =best ay= to compose the letter. .or
estate planni ng, spea( ith an e#perienced attorney.
http,>>.n? l as.com>l et ters@of@instructi on.ht m
+ennet" A) ,ercammen is a 2iddlese# County trial attorney ho has
published -04 articles in national and 5e Aersey publicati ons on business and
litigati on topics. Be has spo(en on Wills and Elder la on numerous occasions to
the Adult Communi t y +chools in 2etuchen, +ayreville, Cld Dridge, +outh
Drunsic( and Edison>Clara Darton +eniors and Perth Amboy +eniors. Be often
lectures to trial layers of the American Dar Association, 5e Aersey +tate Dar
Association and 2iddlese# County Dar Association.
+E--ETH ,ER&A..E- / A$$0&IATE$, P&
ATT0R-E% AT LA#
0:41 Woodbridge Ave.
Edison, 5A :88-7
)Phone* 710& 470& :4::
).a#* 710& 470& ::1:
ebsite, .n?las.com
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