Paul O. Dillon, Attorney at Law

Estate Planning for Creators, Artists and Writers

There is no shortage of articles about legal battles over the control of famous artists’ works and their estates. There are many lesser-known artists, including content creators, graphic designers, photographers and others in creative fields, who should consider pointers in a recent article from New York State Bar News, “Estate Planning for Artists: How to Plan and Protect Your Legacy,” about protecting their legacies.

The creative person’s estate includes original works of art. However, it also includes intellectual property, copyrights, trademarks and the rights to derivative works. For instance, an artist who sells artwork on the popular Redbubble website maintains ownership of their art. However, they still need to protect their art and their estate.

Artists often own studios or businesses to manage their works and rights. Their estate plan should be drafted by an experienced estate planning attorney who understands the value of their creative property, as well as the studio or business assets.

Copyrights last for the life of the author plus an additional 70 years, so an estate plan needs to address the intellectual property ownership of the artist during their lifetime and after death. New revenue-generating opportunities may emerge after the artist’s death, even if it seems unlikely while they are alive. Elvis Presley could be said to be more popular now than he was during his lifetime. While this is an extreme example, many artists are recognized only after they have passed away.

The artist should ensure that they name an executor who shares their passion for their art, as well as possesses the skills to manage their creative legacy and administer their estate. It’s wise to name a successor in case the primary executor is unable to serve in this role when the artist dies.

Having a plan for communication is advantageous for creative and “regular” estates. If multiple family members need to sign off on something, such as if a copyright comes into possession of more than one heir, getting everyone together to review and agree on a document can be challenging.

To enforce intellectual property rights, artworks must be registered with the U.S. Copyright Office. Doing this on an ongoing basis while the artist is alive will make it easier for heirs to defend the estate. If this is not done during the artist’s lifetime, it will be challenging, if not impossible, to do so when the artist is incapacitated or after they’ve died.

Contracts, consignments, sales, gifts and loans must be drafted to include intellectual property rights as narrowly as possible. The records of these transactions must be maintained even after the contract has been concluded to document the license. The records may also be useful for heirs to locate or determine ownership of physical artwork.

If the artist has a prenuptial or postnuptial agreement, it may include language concerning the retention of intellectual property rights by the artist in the event of a divorce. Joint ownership of artwork with a hostile ex-spouse can be as difficult as outright theft to an artist’s legacy management.

Careful record-keeping may not be a creative person’s favorite activity. However, using and retaining detailed records will be worthwhile for both the artist and the estate. Inventories of completed work, documenting intentions for incomplete artwork or artwork the artist doesn’t wish to release, as well as gifts or exchanges with other artists, and information about digital records, along with instructions on how to access them, will make the executor’s job easier.

Dying intestate, or without a will, is never a good idea, especially when there are multiple heirs. If a person dies without a will and there is property in their estate that has not been disposed of under a trust, an administration proceeding must be filed, and the property will be distributed according to the state’s laws. For an artist, this can undermine the management of their work and lead to a loss of control over their intellectual property. The artwork could go to people who don’t care about it or don’t know how to manage it.

An estate plan is as essential for the creative person as it is for someone who can’t draw a stick figure. Having a will, trust, power of attorney and healthcare documents protects individuals, their families and their legacies.

Reference: New York State Bar News (March 6, 2026) “Estate Planning for Artists: How To Plan and Protect Your Legacy”

Do I Need More Than a Will for My Estate Plan?

If estate planning was a building, the last will and testament would be the foundation of the building. It expresses wishes for how assets will be distributed among heirs, names a person to be executor of the estate and often expresses wishes to the family. However, as explained in a recent article from msn, “The Savings Game: The basics of estate planning,” a will on its own is not enough to be an entire estate plan.

If you don’t have a will, the laws of your state will determine how assets are distributed upon your death. State laws are usually based on kinship, so if you don’t want estranged relatives receiving your estate, you’ll want to have a will. If you don’t have a will, legally termed “dying intestate,” the court will name a person in charge of administering your estate. There’s no obligation for this person to be a family member, so a complete stranger may be put in charge of your wealth.

Probate is a court process whereby your will is reviewed and its validity determined. If your will is prepared without the help of an estate planning attorney, it’s possible it will be deemed invalid, and your estate will be intestate. Probate can be time-consuming and expensive. An estate planning attorney will review your estate and determine which assets might be taken from the estate to go directly to theirs.

A living trust, also known as a revocable trust, protects assets while you are living. A trust includes a trustee, usually the person creating the trust, and a second trustee, the successor. In case of incapacity, the successor trustee will be able to use funds in the trusts to pay bills if that is the intention of the trust. In addition, trusts are not part of your probate estate, so they do not become part of the public record upon your death. Once a will is filed in the courthouse, it can be read by anyone who wants to see it—including estranged family members, thieves and creditors.

Estate plans include a Power of Attorney. A Power of Attorney is a legal document giving another person the ability to perform financial and legal tasks on your behalf. The POA can be custom-tailored to your needs. For instance, you may want someone to be able to pay bills but not make gifts on your behalf. Without a POA, interested parties must petition the court for an order declaring your incapacity, obtaining a guardianship, or, depending upon your state, a conservatorship. Not only is this expensive but there is the risk that the court could assign someone you or your family doesn’t want to have this important role.

Your estate plan also addresses healthcare decisions. An advanced medical directive (AMD) is a POA document allowing someone to make health decisions on your behalf when you are incapacitated. You’ll want to have a HIPAA Authorization form created, so physicians and other health care providers will be able to include named family members in decision-making. Your estate planning attorney will discuss the types of healthcare documents you need.

If you don’t have a comprehensive estate plan in place, you risk having court-appointed strangers making decisions on your behalf if you are incapacitated and people you don’t know in charge of your entire estate after you have passed. Having an estate plan will give you and your loved ones peace of mind, knowing the right decisions can be made, by the right people.

Reference: msn (Dec. 5, 2024) “The Savings Game: The basics of estate planning”

How Divorce, Death and Timing Impacted the Results of Shannen Doherty’s Estate Plan

While there are some things we cannot control, having an estate plan in place and getting divorce documents finalized are two things we should do our level best to manage. The aptly titled article, “Shannen Doherty’s Estate: When Timing is Everything” from Wealth Management, explains how preparation matters.

Known for her roles in Beverly Hills 90210 and Charmed, Shannen Doherty passed away after battling breast cancer. She filed for an uncontested divorce from her husband, Kurt Iswarienko, one day before she died. He signed the agreement the very next day, making the divorce final.

The timing meant that Doherty’s assets were distributed according to the terms of the divorce settlement and her last will and testament. A finalized divorce meant Doherty regained control over assets, so they could be passed to beneficiaries according to the directions of her estate plan.

If her now ex-husband hadn’t signed the divorce papers, the outcome could have been very different.

When someone dies during an active divorce proceeding, the process of the divorce either stops or is changed. If the divorcing couple didn’t have an estate plan, the decedent’s estate would be treated as if there was no will, known as being “intestate.” In a community property state, the surviving spouse would have a claim on the estate.

In Doherty’s case, any residuals from her work earned while they were married would be considered community property. Litigation would be likely, as the two were engaged in a battle in the weeks before she died. Doherty was seeking temporary spousal support as the residual income from Charmed (via streaming services) would no longer be available after June 30, 2024, due to it being pulled from streaming. She accused Iswarienko of earning millions and withholding income information.

Had he not signed the divorce papers when he did, he could have had a claim for the estate, which included a $6 million home in Malibu.

In California, if a spouse dies in the middle of divorce proceedings, jurisdiction moves from family court to probate court. People in the process of divorcing should ask their estate planning attorney what their state’s laws are regarding this issue to be sure they protect their estate, regardless of their age and stage of life.

Preparation for the unexpected is another reason people are encouraged to have estate plans in place. Establishing trusts, having a last will and testament, Power of Attorney, Healthcare Proxy, Living Will and other documents are all needed to ensure that your wishes will be followed and your loved ones cared for.

Reference: Wealth Management (Aug. 13, 2024) “Shannen Doherty’s Estate: When Timing is Everything”

Do You Need a Will and an Estate Plan?

Dying without a will can cause your family to go through at least a year, maybe longer, of probate, fights over property distribution, and, in many cases, litigation against each other. This is probably not the legacy you have in mind, which is why this aptly-titled article, “You need a will and here’s why,” from Lincoln County Leader, is a good read.

Dying intestate, the legal term for dying without a will, means the local jurisdiction will be in charge of how your estate is handled. Each state has its own laws for distribution. In most states, distribution is based on kinship or bloodlines, so if you have relatives, they may be first in line for your inheritance.

In some states, when there is no will, the surviving spouse receives 50% of all assets, and the remaining assets are divided equally among the children. In other states, the spouse gets 30%, with the children receiving the balance. You must have a will if you want your spouse to receive 100% of your assets. If you have children but no spouse, they will usually inherit everything in equal shares.

If you have no children and no spouse, property distribution can become more complicated unless you have a will. The court may give your parents your estate if they are living. If your parents have passed, your siblings are the next likely heirs. The court will seek to identify your closest relatives by kinship, and they may inherit all of your worldly goods.

If there are family heirlooms, you want to give to a particular child, or if you want to have a portion of your estate go to a charity, it won’t happen without a will.

Today’s family often is a bit more complicated than in the past. Blended families need to have estate planning so biological children aren’t disinherited. Estranged relatives could end up with your precious heirlooms unless a will is in place.

What if your children are minors? A will is used to name a guardian for children, so they are brought up by the people you trust. The court will decide who will raise your children if you don’t name a guardian in your will. Also, minor children cannot inherit property, so if you die, your spouse will get their share as per your state’s laws, and the children’s inheritance will be overseen either by the court or by a person named by the court.

Having a last will and testament allows you to direct who is to inherit your assets, from personal items to financial assets. But you need to do more to protect yourself and your family, and this is part of the estate planning process.

When you sit down with an estate planning attorney, they will also review matters, including beneficiary designations (i.e., the people named to receive assets upon your death on life insurance, retirement accounts, and certain financial accounts). They’ll also advise you on documents like a Power of Attorney and Medical Power of Attorney, which allow you to name someone to take care of your financial and healthcare matters if you become incapacitated.

Taken all together, an estate plan provides security for your family, protects you while you’re living, and creates a legacy of caring about the ones you love.

Reference: Lincoln County Leader (Aug. 4, 2024) “You need a will and here’s why”

What are the Essentials of Estate Planning?

Once you’re familiar with the basics, estate planning isn’t quite as daunting as it may seem at first, says a recent article from The Atlanta Journal-Constitution, “Estate planning 101: A guide to management.” Estate planning includes the necessary planning to protect you while living and distributing assets after you have passed.

Your estate plan depends on many factors, including the size of your family, whether you’re married, widowed, or single and the amount of your assets, including your home, investment accounts, real estate, retirement accounts and digital assets.

One important thing to know: estate planning is not just for wealthy people. If you think you don’t have enough assets for an estate plan, you’re wrong: any adult needs an estate plan to protect themselves and their loved ones.

Consider your last will and testament as a gift to your loved ones. A will is a legal document containing instructions for distributing your property to heirs upon death. What constitutes a valid will varies from state to state, so you’ll want to work with a local estate planning attorney to create a will.

If you die without a will, your estate is considered “intestate,” and your property will be distributed according to the laws of your state and the probate court. Your family won’t have any say in who receives assets. They could go to a distant relative you’ve never even met. With a will, you get to decide (within the bounds of law, of course) what you want to happen with your assets.

Trusts are used to have further control over assets in an estate. Wills become part of the public record once filed in probate court. However, the contents of a trust remain private. The trust can be used to hold assets while you are living, and certain types of trust only become effective upon your death. Another benefit of a trust is that it can allow a trustee to manage assets in the trust if you become incapacitated.

Special Needs Trusts are created for people with developmental disabilities to provide support in addition to government benefits. Medicaid Asset Protection Trusts take assets out of a person’s estate, often as part of planning for long-term care costs. An estate planning attorney can recommend the type of trust best for your unique situation.

A power of attorney is a document used while you are living to give another person the ability to manage your affairs in case of incapacity. Everyone should have a POA for their financial and legal affairs and a Medical or Health Care Power of Attorney, so a trusted person can help with medical decisions and be involved in decision-making for medical care.

An executor is a person you name in your will who is in charge of your estate and estate management after you have died. You can name one or two people to be executors of your estate. However, be sure that they work well together to avoid any stalemates.

An experienced estate planning attorney can make this a relatively straightforward process, giving you the peace of mind of knowing you have taken the necessary steps to protect yourself and your loved ones.

Reference: The Atlanta Journal-Constitution (Aug. 1, 2024) “Estate planning 101: A guide to management”

It Can Take Time to Learn about Inheritances

Often, a distant relative is notified by an estate’s executor or administrator of the death of a relative and any steps to be taken to claim their inheritance. A recent article from yahoo! finance, “How Long Will It Take For My Beneficiaries to Get Notified After Death?” explains how the process works. Every state has its own laws on this topic, but there are some basics you’ll need to know if you’re facing this situation.

Estate and property law are two of the most state-specific sets of laws; in many cases, these laws conflict with those of other states. An experienced estate planning attorney will be able to help figure out what your next steps are. And don’t start spending your inheritance too quickly—a number of things have to happen before your inheritance—if you indeed have one—arrives.

When someone dies, the total amount of their property, cash, assets, and debts is called their “estate.” The court-ordered process of distributing the estate is known as “probate.” If there was a will and an executor was named, the executor is in charge of administrating the estate. If there was no will, the person died intestate, so the court will name an administrator. The chief difference between an executor and an administrator is mainly the title. Both are responsible for paying the estate’s debts and distributing assets to named and legal heirs.

In some states, the executor, heirs, and any interested parties must file for probate within 30 days of the decedent’s death. In other states, you have three years to file for probate. However, in all cases, heirs may not be formally notified of their inheritance until the probate process begins and the executor or administrator starts working on the estate.

Once probate begins, the executor must notify all heirs and potential heirs of their inheritance. If there is a will, the most common rule is for the executor to notify all known and named beneficiaries within 90 days of the start of probate. However, this can also vary from 15 days from the first hearing date to a year or more for notifications.

These rules apply only to known beneficiaries. During probate, the executor may learn of new or unresolved inheritance issues, and then heirs are notified as they are identified.

If the estate has no will, the rules are different. First, the administrator must identify potential beneficiaries based on state law and family records. Sometimes the only source for this information comes from family members who come forward and identify themselves. The administrator is required to make a public notice of the deceased so any unknown heirs have a chance to come forward. The notice usually runs in a local newspaper, and different states have different rules regarding how long it needs to appear in print.

After the heirs have been notified, there is a waiting period for any distributions. This is common, as real estate or other high-value assets may be sold and their value added to the state. If the state requires a waiting period, it’s often six months from when heirs are notified and when they can receive their inheritance. This allows enough time for any interested parties to come forward and contest the inheritance.

An experienced estate planning attorney can help the executor or administrator move through the process of settling the estate.

Reference: yahoo! finance (June 27, 2023) “How Long Will It Take For My Beneficiaries to Get Notified After Death?”

Is an Estate Plan Battle Looming?

Some people don’t create an estate plan before they die. Or, if they do, they failed to have an estate plan created with an experienced estate planning attorney and their will is unclear, or even invalid. They might die with debts conflicting with their wishes. These and other situations can lead to a long and expensive probate period, as described in the article “In-fighting Families, Wills, Laws & Other Things That Could Hold Up Probate” from yahoo!.

How long does it take for an estate to move through the probate process? It depends upon the complexity of the estate and how well—or poorly—the estate plan was created.

What is probate? Probate is the process where the court oversees the settlement of an estate after the owner dies. If there is a will, the court authenticates the will and accepts or denies the executor named in the will to carry out its instructions. The executor is usually the decedent’s spouse or closest living relative.

How does probate work? Probate is governed by state law, so different states have slightly different processes. The first thing is authenticating the will and appointing an executor. The court then locates and accesses all of the property owned by the decedent. If there are any debts, the estate must first pay off the debts. When the debts have been paid, the court can distribute the remaining assets in the estate to heirs.

If there is no will, the person is said to have died intestate. The court may then appoint an administrator to carry out the necessary tasks of paying debts and distributing assets. The administrator is paid from the estate.

How long does it take? It depends. If the decedent had placed most of their assets in trust, those assets are not subject to probate and are distributed according to the terms of the trust. If there are multiple properties in multiple states, probate has to be conducted in all states where property is owned. In other words, probate could be six months or three years.

Estate size matters. Certain states use the total value of the estate to determine its size, rather than examine individual properties. Possessions subject to probate usually include personal property, cash and cash accounts, transferable accounts with no named beneficiaries, assets with shared ownership or tenancy in common and real estate.

Possessions not typically subject to probate include insurance proceeds, accounts owned as Joint Tenant with Rights of Survivorship, accounts with a beneficiary designation and assets owned in trusts.

Probate varies from state to state. Probate is not nationally regulated, and state-level laws vary. An estate could be swiftly completed in one state and take a few months in another. Some states have adopted the Uniform Probate Code (UPC), designed to streamline the probate process by creating standardized laws. However, only 18 states have adopted this code to date.

Fighting among heirs makes probate take longer. Even small disputes can extend the probate process. If there are estranged family members, or someone feels they deserve a larger share of the estate, conflicts can lead to probate coming to a full stop.

An experienced estate planning attorney can help structure an estate plan to minimize the amount of assets passing through probate, while ensuring that your wishes are followed and loved ones are protected.

Reference: yahoo! (Nov. 21, 2022) “In-fighting Families, Wills, Laws & Other Things That Could Hold Up Probate”

What’s More Important: Estate Plan or Trust?

A will makes a one-time transfer of assets after death, while trusts allow assets to be transferred during life and after death. Each one has an important role to play in managing assets and protecting loved ones, reports an article “Estate vs. Trust: Do You Really Understand the Difference” from yahoo!.

An “estate” in this sense is everything you own at the time of your death. It doesn’t include anything you own together with someone else as a joint tenant with rights of survivorship. It also doesn’t include any assets with beneficiary designations. These are assets transferred or otherwise assigned to pass to another person when you die. Your heirs are anyone who receives money, personal possessions, or any other assets from your estate.

Let’s say a woman named Penny dies. The home she owns with her husband is not part of her estate, since it now belongs solely to her spouse. Anything she gave away while living is not part of her estate. Her estate owns anything she independently owned at the time of her death.

An estate is a temporary legal entity existing only to make a one-time distribution of the assets of a decedent. Once the assets have been distributed, the estate is closed. This doesn’t mean estates are short-lived. Some estates take years to settle, depending upon their complexity and how well-prepared the estate plan was.

Estates are distributed in two main ways: by the will, also known as the last will and testament, or by the legal chain of inheritance. A will contains a set of instructions for who gets the assets of the estate. If the deceased has a valid will, the estate is distributed under these terms.

If there is no will, the person has died intestate and assets are distributed according to state law. Most of the time, this means assets go to the next of kin. In most states, spouses have the top spot in the line of inheritance, followed by biological children, then parents, then extended family. The spouse often gets one half of the estate and the children divide the balance.

A trust is a legal entity holding and distributing assets according to the directions in the trust. The person who creates the trust, known as the “grantor,” establishes the conditions and may give whatever they want, at whatever time they specify. A trust is independent of the people who create and fund it. Assets placed in the trust belong to the trust until they are distributed.

Let’s say a person named Edward wants to create a trust for certain family members’ college expenses. He could set up a trust with his estate planning attorney, then fund it with $6 million. The trust could be overseen by his attorney acting as the trustee. The trust names children, nieces and nephews as beneficiaries. They ask the trustee for money to pay college tuition, and the trustee handles the distribution.

The trustee has the job of making sure the monies are used in the manner prescribed by the trust. Therefore, in this case, the attorney may decide to only make distributions directly to colleges to pay for tuition. The trustee is a fiduciary and their first responsibility is to carry out the instructions in the trust.

Trusts can be set up while you are living and they can survive the creator’s death, unlike a will. When a person who has set up a trust dies, the trust continues until it runs out of assets or until its terms dictate it be dissolved.

Trusts and estate plans both exist to distribute assets. However, they do so in very different ways. Your estate planning attorney will guide you as to how these two entities work together for your unique situation.

Reference: yahoo! (Nov. 9, 2022) “Estate vs. Trust: Do You Really Understand the Difference”

How Can I Choose an Estate Planning Lawyer?

Only about a third of Americans have an estate plan, according to the article “Choosing an estate planning lawyer” from Senior Matters. The number of people with wills is decreasing, rather than increasing, despite the events of recent years. Estate planning is worth doing, for the peace of mind, the personal and financial protection it provides, not to mention leaving a legacy of caring about the future for the next generation.

Estate planning involves making end-of-life decisions, with an emphasis on both finances and health. Most people think of estate planning as “who gets what,” which is accomplished largely through wills and trusts. For people who have amassed significant assets, this can be complex. An estate planning attorney makes it streamlined and will explain the implications of all aspects of the estate plan.

Estate planning includes gifting, generation skipping transfers, taxes, advance directives, power of attorney, health care proxies, living wills, naming an executor, organ donations, burial preferences, Do Not Resuscitate (DNR) orders and final wishes.

Estate planning is a highly personal process. This is why it’s important to find an estate planning attorney who is compassionate, as well as technically proficient. Estate planning attorneys tend to be caring individuals who chose this field of law because they sincerely wish to help others. They also know what happens when estate planning is not done, because they also help children when their parents fail to do estate planning.

Some people are reluctant to embark on estate planning, in part because they don’t wish to be reminded of their own mortality. Others are concerned about relatives with designs on their estate. However, not having an estate plan makes it more likely that relatives or others could challenge the estate and end up owning assets. An estate plan provides protection.

When a person dies without an estate plan and assets subject to probate, their estate is considered to be “intestate.” Only the court will have any control over how the probate assets are distributed. The probate court will simply follow the laws of your state, which frequently are based on kinship. The exact details vary from state to state, and this is known as “intestate succession.”

The intestate laws may result in outcomes completely different than what you wished. An estranged spouse could end up owning everything, or a child with substance issues could inherit a substantial sum which will be gone in months. In most states, minor children may not receive inheritances, so trusts or custodial accounts are needed.

Estate planning is just as important for people of modest means as it is for wealthy people. If a senior owns their own home, the increase in property values could mean their estate is much bigger than they even realize.

Choosing an estate planning lawyer isn’t difficult. Ask friends and family for referrals, visit websites and find an estate planning attorney who shares your values, understands your family and feels like a good fit. Once your estate plan is in place, you’ll gain peace of mind.

Reference: Senior Matters (Aug. 17, 2022) “Choosing an estate planning lawyer”

Some Must-Have Documents are Always Needed

Sad but true—we never know when we’re going to die. Estate planning lawyers who help protect assets for heirs or charities know from previous experience what happens when there’s no plan for their passing. This blunt assessment comes from the aptly titled article “Morbid Money: 8 Things to Do Before You Die” from Millie.

When someone dies without a will, called “dying intestate,” the laws of the state are in charge of your estate assets subject to probate and the people and/or pets who depend on you. The state doesn’t know your dog hates your brother and you wanted your money to go to your life partner and not your parents or siblings. If you and your life partner aren’t married, your partner has no legal right to make any claims on your estate, regardless of your wishes.

Try to think of planning for death not as a morbid chore, but a gift to deliver to loved ones. Here’s what you’ll need to do:

Make an inventory of usernames and passwords used for everything from bank accounts to health insurance portals, streaming services, gym memberships, mobile phones and social media accounts. Someone will need to access this information, cancel subscriptions, and erase accounts.

Make a record of your assets. This includes retirement savings accounts, college savings accounts, life insurance, investments, real estate property, businesses, and any possessions of financial and sentimental value. Include names for your estate planning attorney, financial advisor and CPA.

Make a list of your debts. Like it or not, creditors and debts get paid first from an estate, so your executor will need to know how big or small your debts are. Heirs will also have a more realistic idea of what they may be inheriting.

Are your advanced directives complete and updated? This includes a living will, which tells what medical treatments you do or do not want if you become terminally ill or injured. You’ll also want a power of attorney to name the person who you want to manage your finances, if you are unable.

Have a will prepared by an experienced estate planning attorney. Another expression commonly heard from estate planning attorneys: dying without a will is like driving without a license. Anyone over age 18 should have a will, but less than half of all American adults do. This is the legal document used to direct how you want your assets distributed. If you have minor children, the will names the person you want to raise your minor children.

Check beneficiary designations. Some assets are not included in your will because they pass directly to individually appointed beneficiaries, referred to as designated beneficiaries. Your life insurance policies, pension plan and/or retirement accounts are the most likely to have a designated beneficiary assigned to inherit the asset on your passing. Some banking and investment accounts do as well. Check these to be sure they are up to date. If you opened a 401(k) account with your first job and have married since then, you likely want to update your beneficiary to be your spouse.

Write a letter of intent. This is not a legally enforceable document in most states. However, it can be used to show the court your intent, if anyone questions your will. If you have personal possessions you want to go to certain people, this can be in your will but should also be in your letter of intent. This is also where you share your wishes for the disposition of your body and memorial services, not in your will. By the time your will is found, the “disposition” of your remains may well be completed. Without your written guidance, this can be a burden for loved ones who can only guess about your wishes.

Review your plan every three to five years, and every time a large event in your life occurs. Don’t keep these documents a secret. A trusted person needs to know where these documents can be found so they can act on your behalf when they need to, whether the date is a year or a decade from now.

Reference: Millie (May 17, 2022) “Morbid Money: 8 Things to Do Before You Die”