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LEGAL NOTIONS A Letter of Final Instructions First of all, let's make it clear that a letter of final instructions should not be designed (under any circumstances) to serve as a substitute for a will or trust. And, that such a letter should be done in such a way that it does not contradict or be inconsistent with any provision in one's will or trust. Putting it simply, a letter of final instructions contains detailed information that may be too intimate, or otherwise inappropriate to be included in a will or trust. The most common purpose for writing such a letter is to help the will executor (or trustee if you happen to have a trust) with important personal information that will help him or her perform their duties. The letter usually commences by stating the names, addresses, and telephone numbers of people who should be notified upon the letter writer's death. Besides surviving family members, the writer should list contact information for the writer's employer, lawyer, doctors, clergyman, business associates, fiduciaries, and others who need to be notified immediately. The second part of the letter is devoted to listing the physical locations of personal documents and safe deposit boxes (and keys), as well as to listing specific information about all of the writer's financial accounts and assets. Some common examples of important documents are: insurance policies, wills, trusts, powers of attorney, check books, bank statements, credit cards, stock certificates, deeds and mortgage papers, loan papers, leases, birth and marriage certificates, vehicle title and registration documents, divorce decrees and settlement agreements, military records, important warranties, and income tax returns. Funeral arrangement information (location of plot's deed, pre-paid cremation services, etc.) should also be included within the letter of final instructions. Because there may be other informational items that should be included, people should consult with their lawyer on how to write a letter of final instructions that meets their needs. << back to columns >> The information provided in this column is not intended to be legal advice but merely conveys general information related to the topic. © 2005-2007 Scott J. Preble, A Prof. Law Corp., Antioch, (925) 756-7111. www.PrebleLawFirm.com.
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