Letters of Instruction: Should I Include One in My Palm Beach County Estate Plan?

If you care about your family’s well-being after you pass, you might want to leave them with more than just assets. You might feel the need to explain your wishes in more detail and perhaps impart some last words of advice or love onto your family members. If this sounds like something you’d like to explore, consider looking into “letters of instruction.” You can include these letters in your Palm Beach County estate plan.

What Are Letters of Instruction? 

Letters of instruction take the form of normal letters. You can address them to specific family members, and you are free to write whatever you like. The intended recipient will only receive this letter after you pass away, and it is for “their eyes only.” As a result, you can include personal information that no one else will read. You can seal your letter of instruction, put it in an envelope, and keep it secure with help from your estate planning lawyer.

Many people want to explain why they are leaving behind certain assets to certain people and a letter of instruction may help achieve this goal. For example, you might leave behind your old medical textbooks to a grandson in the hopes that they will attend medical school just like you. A letter of intent allows you to make your wishes clear. You might also leave behind a significant fortune to a distant family member such as a niece. Your letter of intent allows you to explain why you chose them, and why you felt such a strong connection.

Of course, a letter of instruction can also help you explain why you didn’t leave your wealth to a particular family member. You might take this opportunity to highlight where you think the relationship went wrong or why you think they shouldn’t receive much of your wealth. This may be a difficult letter to write, but it could help dissuade your family member from contesting your Will.

Finally, letters of instruction can help your personal representative. By providing instructions in this letter, you can help your personal representative locate certain assets, access certain accounts, and so on.

Letters of Intent Are Not Legally Binding 

You should know that a letter of intent is not a legal document. It is not legally binding, and the recipient is under no obligation to follow your instructions. For example, you can only “suggest” that your beneficiary use their inheritance in a certain way with a letter of intent. That being said, letters of intent are still very useful and you should draft them with clear, concise wording.

Can an Estate Planning Lawyer in Palm Beach County Help Me? 

If you need help with more personal, sentimental goals during the estate planning process in Palm Beach County, consider speaking with an experienced legal professional. Kitroser Lewis & Mighdoll understand the need for sensitivity and care and they can help you explore options like letters of instruction. Aside from this option, there are other ways you can pursue more nuanced goals including through the creation of trusts. Schedule your consultation with our Palm Beach County estate planning lawyers today to learn more.

Sources: 

aarp.org/money/estate-planning/info-04-2009/letter_of_instruction.html

theuswillregistry.org/estate-articles/writing-a-letter-of-instruction/