Law Office of Frank Bruno, Jr.

Author: dev-team

  • Using Trusts to Maintain Control of Inheritances

    Using Trusts to Maintain Control of Inheritances

    “The spendthrift robs his heirs the miser robs himself.” Jean De La Bruyere

    “If the Nation is living within its income, its credit is good. If, in some crises, it lives beyond its income for a year or two, it can usually borrow temporarily at reasonable rates. But if, like a spendthrift, it throws discretion to the winds, and is willing to make no sacrifice at all in spending; if it extends its taxing to the limit of the peoples power to pay and continues to pile up deficits, then it is on the road to bankruptcy.” Franklin D. Roosevelt

    Trusts, like estate plans, are not just for the wealthy. They are used to provide control, in how assets of any size are passed to another person. Leaving an inheritance to a beneficiary in a trust, according to the article from Times Herald-Record titled “Leaving inheritances to trusts puts you in control,” can protect the inheritance and the asset from being mishandled. Protection can be the main intention for creating a trust.

    For many parents, the inheritance equation is simple. They leave their estate to their children “per stirpes,” which in Latin translates to “by roots.” In other words, the assets are left to children according to the roots of the family tree. The assets go to the children, but if they predecease you, the assets go to their children. The assets remain in the family. If the child dies after the parent, they leave the inheritance to their spouse.

    An alternative is to create inheritance trusts for children. They may spend the money as they wish, but any remaining assets goes to their children (your grandchildren) and not to the surviving spouse of your child. The grandchildren won’t gain access to the money, until you so provide. However, someone older, a trustee, may spend the money on them for their health, education and general welfare. The inheritance trust also protects the assets from any divorces, lawsuits or creditors.

    This is also a good way for parents, who are concerned about the impact of their wealth on their children, to maintain some degree of control. One strategy is a graduated payment plan. A certain amount of money is given to the child at certain ages, often 20% when they reach 35, half of the remainder at age 40 and the balance at age 45. Until distributions are made to the heirs, a trustee may use the money for the person’s benefit at the trustee’s discretion.

    The main concern is that money not be wasted by spendthrift heirs. In that situation, a spendthrift trust restricts payments to or for the beneficiary and may only be used at the trustee’s discretion. A lavish lifestyle won’t be funded by the trust.

    If money is being left to a disabled individual who receives government benefits, like Medicaid or Supplemental Security Income (SSI), you may need a Special Needs Trust. The trustee can pay for services or items for the beneficiary directly, without affecting government benefits. The beneficiary may not receive any money directly.

    If an older person is a beneficiary, you also have the option to leave them an “income only trust.” They have no right to receive any of the trust’s principal. If the beneficiary requires nursing home care and must apply for Medicaid, the principal is protected from nursing home costs.

    An estate planning attorney will be able to review your family’s situation and determine which type of trust would be best for your family because using trusts to maintain control of inheritances works best.

    Reference: Times Herald-Record (Feb. 16, 2019) “Leaving inheritances to trusts puts you in control”

    Using Trusts to Maintain Control of Inheritances.

  • What are the “Must Have” Estate Planning Documents?

    What are the “Must Have” Estate Planning Documents?

    What are the “Must Have” Estate Planning Documents?

    “Leave nothing for tomorrow which can be done today” Abraham Lincoln

    “There is nothing like the death of a moneyed member of the family to show persons as they really are, virtuous or conniving, generous or grasping. Many a family has been torn apart by a botched-up will. Each case is a drama in human relationships — and the lawyer, as counselor, draftsman, or advocate, is an important figure in the dramatis personae. This is one reason the estates practitioner enjoys his work, and why we enjoy ours.” Jesse Dukeminier and Stanley M. Johanson, introduction to 1972 edition of Family Wealth Transactions: Wills, Trust, Future Interests, and Estate Planning.

    What do Aretha Franklin, Kurt Cobain, and Prince have in common? Aside from being famous and talented, each of these stars passed away without a will. All three had the money and attorneys to draft a proper estate plan, but for whatever reason, they didn’t draft one. It’s a good lesson to not neglect your estate plan.

    Motley Fool reports in the article, “3 Must-Have Estate Planning Documents To Get Done This Year,” that dying without a will creates numerous problems for your family. If there are no legal instructions in place, probate law dictates the distribution of your assets and selection of guardians for your minor children, which can cause problems. Regardless of your personal situation, you should think about creating these three important estate planning documents.

    Will. A will is used to distribute your estate, according to your instructions. A will can say how much and what type of asset each heir will receive, to minimize family fighting after your death. If you have young children, you can designate guardians in your will to be in charge of their care. If you die without a will, the probate judge will order who becomes their guardian.

    You also need a will to make charitable bequests, to expedite the probate court process and to reduce or eliminate estate taxes. When you draft your will, you’ll appoint trusted people to serve as the executor and the trustee.

    Living will. A living will can take effect while you are still alive. This is a legal document that sets out your instructions for medical treatment, if you become unable to communicate, such as whether or not you want to be placed on life support. A living will can relieve the emotional burden from your family of having to make difficult decisions.

    Power of attorney. This legal document helps in the event you’re incapacitated or in the hospital in an unresponsive state. A power of attorney gives the individual you designate the authority to transact financial and legal matters on your behalf. Set up a power of attorney, before you need it. If you don’t and you’re unable to make decisions, your family may have to petition the court to get those powers, which costs time and money.

    Estate planning is a huge favor that you’re doing for your family. Get these three legal documents in place.

    Reference: Motley Fool (February 18, 2019) “3 Must-Have Estate Planning Documents To Get Done This Year”

    This post answered the question What are the “Must Have” Estate Planning Documents?

  • What Happens to Social Security when Your Spouse Dies?

    What Happens to Social Security when Your Spouse Dies?

    The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors’ benefits. Wikipedia.

    If a movie is really working, you forget for two hours your Social Security number and where your car is parked. You are having a vicarious experience. You are identifying, in one way or another, with the people on the screen. Roger Ebert.

    Millie is right to be concerned. She is worried about what will happen with their Social Security checks, who she needs to notify at their bank, how to obtain death certificates and how complicated it will be for her to obtain widow’s benefits. Many answers are provided in the article “Social Security and You: What to do when a loved one dies” from Tuscon.com.

    First, what happens to the Social Security monthly benefits? Social Security benefits are always one month behind. The check you receive in March, for example, is the benefit payment for February.

    Second, Social Security benefits are not prorated. If you took benefits at age 66, and then turned 66 on September 28, you would get a check for the whole month of September, even though you were only 66 for three days of the month.

    If your spouse dies on January 28, you would not be due the proceeds of that January Social Security check, even though he or she was alive for 28 days of the month.

    Therefore, when a spouse dies, the monies for that month might have to be returned. The computer-matching systems linking the government agencies and banks may make this unnecessary, if the benefits are not issued. Or, if the benefits were issued, the Treasury Department may simply interrupt the payment and return it to the government, before it reaches a bank account.

    There may be a twist, depending upon the date of the decedent’s passing. Let’s say that Henry dies on April 3. Because he lived throughout the entire month of March, that means the benefits for March are due, and that is paid in April. Once again, it depends upon the date and it is likely that even if the check is not issued or sent back, it will eventually be reissued. More on that later.

    Obtaining death certificates is usually handled by the funeral director, or the city, county or state bureaus of vital statistics. You will need more than one original death certificate for use with banks, investments, etc. The Social Security office may or may not need one, as they may receive proof of death from other sources, including the funeral home.

    A claim for widow’s or widower’s benefits must be made in person. You can call the Social Security Administrator’s 800 number or contact your local Social Security office to make an appointment. What you need to do, will depend upon the kind of benefits you had received before your spouse died.

    If you had only received a spousal benefit as a non-working spouse and you are over full retirement age, then you receive whatever your spouse was receiving at the time of his or her death. If you were getting your own retirement benefits, then you have to file for widow’s benefits. It’s not too complicated, but you’ll need a copy of your marriage certificate.

    What Happens to Social Security when Your Spouse Dies? Widow’s benefits will begin effective on the month of your spouse’s death. If your spouse dies on June 28, then you will be due widow’s benefits for the entire month of June, even if you were only a widow for three days of the month. Following the example above, where the proceeds of a check were withdrawn, those proceeds will be sent to your account. Finally, no matter what type of claim you file, you will also receive a one-time $255 death benefit.

    Reference:

    Related Articles

  • What If My Beneficiary Isn’t Ready to Handle an Inheritance?

    What If My Beneficiary Isn’t Ready to Handle an Inheritance?

    “There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle.” Albert Einstein

    “The old who have died live on in the young ones. Don’t you feel this now in your bereavement, when you look at your children?” Albert Einstein

    A recent Kiplinger article asks: “Is Your Beneficiary Ready to Receive Money?” In fact, not everyone will be mentally or emotionally prepared for the money you wish to leave them.

    What If My Beneficiary Isn’t Ready to Handle an Inheritance?

    Here are some things to consider:

    The Beneficiary’s Age. Children under 18 years old cannot sign legal contracts. Without some planning, the court will take custody of the funds on the child’s behalf. This could occur via custody accounts, protective orders or conservatorships. If this happens, there’s little control over how the money will be used. The conservatorship will usually end and the funds be paid to the child, when they become an adult. Giving significant financial resources to a young adult who’s not ready for the responsibility, often ends in disaster. Work with an estate planning attorney to find a solution to avoid this result.

    The Beneficiary’s Lifestyle. There are many other circumstances for which you need to consider and plan. These include the following:

    A beneficiary with a substance abuse or gambling problem;

    A beneficiary and her inheritance winds up in an abusive relationship;

    A beneficiary is sued;

    A beneficiary is going through a divorce;

    A beneficiary has a disability; and

    A beneficiary who’s unable to manage assets.

    All of these issues can be addressed, with the aid of an estate planning attorney. A testamentary trust can be created to make certain that minors (and adults who just may not be ready) don’t get money too soon, while also making sure they have funds available to help with school, health care and life expenses.

    Who Will Manage the Trust? Every trust must have a trustee. Find a person who is willing to do the work. You can also engage a professional trust company for larger trusts. The trustee will distribute funds, only in the ways you’ve instructed. Conditions can include getting an education, or using the money for a home or for substance abuse rehab.

    Estate Plan Review. Review your estate plan after major life events or every few years. Talk to a qualified estate planning attorney to make the process easier and to be certain that your money goes to the right people at the right time.

    Related Articles: 

  • Why Do I Need an Executor?

    Why Do I Need an Executor?

    What would happen if someone you were close to, asked you to be their Executor? Would you be honored, or would you be uncomfortable with the responsibility? What do you need to do, when do you need to handle these tasks and how much time will it take?

    These are the questions often asked about the role of an Executor, as reported in The Huntsville Item in the article “Role of an executor.”

    A person having a will prepared is called the “Testator” if male and a “Testatrix” if female. The person they appoint to take care of distributing their assets and carrying out the instructions in their will is called the “Executor” if male and the “Executrix” if female. That person also pays the estate’s debts and taxes. Note that the debts and taxes are not paid from the Executor’s personal accounts, but from the proceeds of the estate.

    Why Do I Need an Executor? The Executor has several responsibilities and power. Therefore, it’s important to choose an individual who is organized, good with finances and knows how to get things done. An Executor could be a person or an institution, like a bank. Here are some things to consider when selecting an Executor:

    • Are they good with handling their own personal business?
    • Do they have some familiarity with your business, finances and property?
    • Are they willing and able to act as your Executor?
    • Do they have the time to devote to serving as Executor?
    • Can they work with your estate planning attorney and your accountant?
    • If you own a business, will they be able to keep it going during a transition period?

    There should always be a Plan “B” and perhaps even a Plan “C,” if the first person you wish either cannot or will not serve as Executor. If you do not have a Plan “B” or “C,” the court may name an Executor. That may be a person you don’t know, who does not know you, your family or your business.

    Why Do I Need an Executor? The Executor’s tasks vary, depending upon the laws of the state. However, in general, these are the Executor’s tasks. Note that an estate planning attorney usually assists with this process.

    • The will is probated, which requires filing an application with the probate court in the decedent’s jurisdiction.
    • The court issues Letters Testamentary to the individual designated in the will as the Executor.
    • A general notice is given to unsecured creditors within 30 days of being appointed Executor.
    • Notice is given to each secured creditor, by certified or registered mail.
    • Documents need to be gathered, including insurance policies, bank statements, income tax returns, car titles, leases, home deeds, home titles, mortgage paperwork, property tax bills, birth, death and marriage certificates and unpaid bills.
    • The post office, relatives, friends, employers, insurance agents, religious, fraternal, veterans’ organizations, unions, etc., all need to be notified.
    • The personal property of the estate needs to be collected, preserved and appraised.
    • The residence needs to be secured and maintained, including a review of insurance coverage.
    • An inventory of the estate’s assets needs to be prepared.
    • The Executor needs to apply for Social Security benefits and an employee identification number (EIN) for the estate’s bank account.
    • Once the EIN number has been created, open a bank account on behalf of the estate and pay all valid debts from the estate account.
    • Determine any tax liability and prepare for a final tax return to be filed.
    • Distribute the assets and property of the estate, according to the directions in the will.

    Usually the estate planning attorney handles many of these tasks and works closely with the Executor. Some Executors are compensated by the estate for their time and effort, but that is not always the case. Talk with your estate planning attorney in advance, about any compensation for your Executor.

    Reference:

    Related Articles:

  • What is an Advance Directive and Do I Need One?

    “The art of medicine consists of amusing the patient while nature cures the disease.” Voltaire

    “Once a patient goes brain dead and relatives sign his organ donation consent form, he will get the best medical treatment of his life. A hospital code blue may be a call for doctors to rush to the bedside of a beating heart cadaver who needs his or her heart defibrillated.” Dick Teresi, The Undead: Organ Harvesting, the Ice-Water Test, Beating Heart Cadavers–How Medicine Is Blurring the Line Between Life and Death.

    As an agent appointed by a Health Care Proxy, you will have the right to make the following types of decisions: Choices about medical care, including medical tests, medicine, or surgery. …
    These are difficult questions to think about. However, they are very important, as every estate planning attorney knows. Should you ever become unable to speak for yourself, reports the Enid News & Eagle in the article “Veteran Connection: What you should know about advance directives,” there is a way to make a plan, so your wishes are known to another person or persons and by legally conveying them in advance, making sure you have a say, even when you don’t have a voice.

    The advance directive helps family members and your doctors understand your wishes about medical care. The wishes you express through these two documents described below, require reflection on values, beliefs, views on medical treatments, quality of life during intense medical care and may even touch on spiritual beliefs. The goal is to prepare so your wishes are followed, when you are no longer able to express them. This can include situations like end-of-life care, the use of a respirator to breathe for you, or who you want to be in the room with you, when you are near death.

    It should be noted that an advance directive also includes a mental health component, that extends to making decisions on your behalf when there are mental health issues, not just physical issues.

    What is an Advance Directive and Do I Need One? There are three types of documents: a durable power of attorney for health care, a health care proxy and a living will.

    The durable power of attorney for health care lets you name a person you trust to make health care decisions when you cannot make them for yourself. This person is called your health care agent and will have the legal right to make these decisions. If you don’t have this in place, your doctor will decide who should speak for you. They may rely on order of relationships: a legal guardian, spouse, adult child, parent, sibling, grandparent, grandchild or a close friend.

    A living will is the document that communicates what kind of health care you want, if you become ill and cannot make decisions for yourself. This helps your named person and your doctor make decisions about your care that align with your own wishes. Another very important part of this issue: the conversation with the people who you want to be on hand when these decisions have to be made. Are they willing to serve in this capacity? Can they make the hard decisions, especially if it’s what you wanted and not what they would want? Do you want a spouse to make these decisions on your behalf? Many people do that, but you may have a trusted family member or friend you would prefer, if you feel that your spouse will be too overwhelmed to follow your wishes.

    Reference: Enid News & Eagle (March 13, 2019) “Veteran Connection: What you should know about advance directives”

    RELATED ARTICLES

  • What the Elder Law Estate Planning Attorney Needs to Know

    “Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one’s taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands.” Learned Hand

    “In America, there are two tax systems: one for the informed and one for the uninformed. Both are legal.” Learned hand

    If you went to a doctor’s office and did not tell the doctor what your symptoms were, it would be hard to get a good diagnosis and treatment. The same goes for a visit to the elder law estate planning attorney. Without all the necessary facts, advises the Times Herald-Record in the article “What you need to tell the elder law estate planning attorney,” the estate plan may need to be revised or created all over again, the inheritance may be given to people other than those you intended and there could be family conflicts.

    Elder law is all about the issues that affect the elderly client. The planning for disability and incapacity, to include identifying the people who would make decisions for you, if you become incapacitated and protecting your hard-earned assets from the cost of nursing home care.

    Estate planning is focused on transferring assets to the desired people, the way you want, when you want, with minimal court costs, taxes, or unnecessary legal fees and avoiding disputes over an inheritance. Here are some of the things your attorney will need to know, with full disclosure from you:

    Family dynamics. Do you have a child out of wedlock? Are you part of a blended family or do you have a child you haven’t seen in years, you need to discuss the child. They may have a legal claim to your estate, and that must be planned for. Perhaps you want to include the child in the estate, perhaps you don’t. If you disinherit a child in a will and you die without a plan, that child becomes a necessary party to probate proceedings and has the right to contest your will.

    Health issues are important to disclose. If you don’t have long-term care insurance, you need five years to protect assets in a Medicaid Asset Protection Trust (MAPT). Therefore, now may be the time to start a plan. If you have a child who is disabled and receives government benefits, you can leave them money in a Special Needs Trust (SNT).

    Full disclosure of all your assets, income, how assets are titled, who the beneficiaries are on your IRAs, 401(k)s and life insurance policies, are all the kinds of information needed to create a comprehensive estate plan. Keeping secrets during this process could lead to a wide variety of problems for your family. Your entire estate could be consumed by taxes, or the cost of nursing home care.

    There’s no doubt of the seriousness of these issues. You or your spouse may experience some strong emotions, while discussing them with your attorney. However, creating a proper estate plan, preparing for incapacity and loved ones with special challenges will provide you with peace of mind.

    One last point: an estate plan is like your home, requiring maintenance and updates. Once it is done, make a note in your schedule to review it every time there is a major life event or every three or four years. Laws change, and life changes. Your estate plan may also need to change.

    Reference: Times Herald-Record (May 25, 2019) “What you need to tell the elder law estate planning attorney”

  • Estate Planning Documents and Medicaid Planning

    The conversation that you have with an estate planning attorney, for Estate Planning Documents and Medicaid Planning when you are in your thirties with a new house, young children, and many years ahead of you is different than the one you’ll have when you are much older, maybe just before you retire. The estate planning attorney will know that you are about to enter a time in your life, when the legal documents you prepare are more likely to be used, says the article “Learn about legal documents and Medicaid” from the Houston Chronicle.

    It should be noted that everyone needs an estate plan at any time of life, so they may state their wishes for how assets are distributed and name a person who will speak in their behalf, in the event of incapacity because of an illness or injury.

    The necessary Estate Planning Documents and Medicaid Planning documents must be part of estate plan also includes a power of attorney, so someone you chose can serve as your agent to transact business and handle your financial matters. There should also be a declaration of guardian, in the event of later incapacity and a HIPAA medical authorization document. In some instances, a designation of remains is prepared in order to name an individual who will be the appointed agent to care for the body at the time of death.

    However, there’s another reason why you’ll need to meet with an attorney at this time. As we get older, the need to address long term care becomes more important. Making the right decisions now, could have a big impact on the quality of your retirement and your later in life medical care.

    If you have not updated your will or your powers of attorney, specifically a durable power of attorney for property, it would be wise to do so now. You will need a document to clearly authorize your agent to deal with assets. Any documents that are out of date, or in which named agents have predeceased you, won’t be effective, leading to problems for you and your heirs.
    The document may also need to include a broad gifting power for your named agent, so assets can be transferred out of the estate. If this detail is overlooked, the agent may not be able to protect your assets.

    This is the time when you may want to take steps to protect your children upon your death or upon the death of the second parent. If your goal is to eliminate assets to be eligible for Medicaid coverage, Estate Planning Documents and Medicaid Planning needs to be done well in advance. In numerous states, there are state administered programs that pursue recovery of assets when a person has received Medicaid benefits.

    Your attorney will be able to work with you and your family to address your specific situation. It may be that your estate plan will include trusts, or that certain assets need to be retitled. Meet with an estate planning attorney who is familiar with your state’s laws. And don’t procrastinate.

    Reference: The Houston Chronicle (April 19, 2019) “Learn about legal documents and Medicaid”

  • How to Help Your Aging Parents Get Financial Benefits

    If you notice your aging parent is struggling financially, you probably want to pitch in and help. Of course, doing so will mean that less money is available to pay your bills and save for your retirement. Your loved one’s money troubles could create economic stress for you and your children. It would be wonderful if you could find a pot of gold in the backyard, but we live in the real world. Here are some tips on how to help your aging parents get financial benefits.

    The National Council on Aging: How to Help Your Aging Parents Get Financial Benefits

    This National Council on Aging created a tool that will search through more than 2,000 federal, state, and private benefits programs across the United States. The search tool can connect your older loved one with assistance that can help pay for housing, medication, food, medical services, utilities, transportation and other necessities.

    You can call 888-268-6706 to find a Benefits Enrollment Center in your area. An agency employee can help you at no charge to locate the benefits for which your parent is eligible. After you fill out a questionnaire, you will receive a detailed report listing all those programs and telling you how to apply. You can get application forms and assistance at the Benefits Enrollment Center.

    If you prefer, you can do the search yourself online at BenefitsCheckUp.org. This search tool is free and confidential. Once you create the list of programs for which your parent qualifies, you can apply for benefits. Many of the forms are available at the enrollment centers or available online. Some programs require you to contact that entity directly to apply.

    How the Benefits Locator Works: How to Help Your Aging Parents Get Financial Benefits

    The online questionnaire will ask for information like your parent’s:

    • Date of Birth
    • Income
    • Assets
    • Expenses
    • ZIP Code
    • Prescription Drugs
    • Veteran Status

    Your parent must be age 55 or older to use the locator tool. Allow about 15 minutes to complete the online intake form.

    Types of Programs for Seniors: How to Help Your Aging Parents Get Financial Benefits

    There are many government benefits for older Americans, but do not overlook private groups that assist people in need. Some people do not apply for Social Security retirement benefits, because they did not work for enough years to qualify for full retirement benefits.

    Your loved one might qualify through a spouse’s work record or be eligible for partial benefits, based on his own limited work history. A few hundred dollars more a month can make enough of a difference that your parent does not need financial help from you.

    Depending on several factors like income, age and geographic area, your older parent might qualify for:

    • Housing through HUD
    • Home repairs or weatherization
    • Transportation
    • Reduced real estate taxes
    • Financial management and budget counseling
    • Groceries through the Supplemental Nutrition Assistance Program (SNAP), the Emergency Food Assistance Program, the Senior Farmers’ Market Nutrition Program, the Commodity Supplemental Food Program and many regional and local food pantries, meal delivery programs for low-income or elderly people.
    • Prescription drugs through Part D Medicare coverage, Medicaid, the federal Low-Income Subsidy (also called Extra Help), drug manufacturers, and charitable groups.
    • Utility bill help, including discounts on heating and cooling bills
    • Monthly cash benefits through the Supplemental Security Income (SSI) for very low-income seniors with few assets.

    These are just some examples of the multitude of benefits programs available for seniors.

    Every state makes its own regulations, so your state might vary from the general law of this article. Be sure to talk to the Law Office of Frank Bruno, Jr. an elder law attorney in New York.

    References
    HuffPost. “How to Find Financial Assistance for Elderly Parents.” (accessed October 9, 2019)

    RELATED ARTICLE

  • End of Life Planning for Loved Ones

    It’s definitely an uncomfortable thing to do. However, making funeral arrangements for yourself eliminates a lot of stress and anxiety for the family members, who are left to guess what you may have wanted. This, says the Leesville Daily Leader in the article “Planning for the end of your life” lets you make the decisions.

    When considering end-of-life care for loved ones here are some of the things to consider:

    • Do you want to be buried or cremated?
    • Do you want a funeral or a memorial service?
    • What music do you want to be played?
    • Do you want flowers, or would you prefer donations to a charity?
    • Do you want people to speak or prefer that only a religious leader speak?
    • What clothing do you want to be buried in?
    • Have you purchased a plot? A gravestone?
    • Who should be notified about your death?
    • Do you want an obituary published in the newspaper?

    There are also estate matters that need to be attended to before you pass. Do you have a will, power of attorney, healthcare power of attorney, or a living will? Make sure that your family members or your executor know where these documents can be found.

    If you do not have an estate plan in place, now is the time to meet with an estate planning attorney and have a plan created.

    Your family will also need to be able to access information about your accounts: investment accounts, credit cards, utility bills, Social Security, pension, retirement funds and other assets and property. A list of the professionals, including your estate planning attorney, CPA and financial advisor, along with the names of your healthcare providers, will be needed.

    If you are a veteran, you’ll need to have a copy of your DD-214 in your documents or let family members know where this is located. They will need it, or the funeral home will need it, when applying for burial benefits from the Department of Veterans Affairs and the National Cemetery Administration.

    If you wish to be buried in a national cemetery, you’ll need VA Form 40-10007, Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery. This must be completed and sent to the National Cemetery Scheduling Office. Include a copy of the DD-214 with the application.

    End-of-life care for loved ones grieving in your family may find discussing these details difficult, but when the time comes, they will appreciate the care that you took, one last time, to take care of them.

    Reference: