Page 27 - Direct Publishing - Bereavement Guide

LEGAL ISSUES

Wills, probate, joint property, estate taxes,
selecting estat trustees/attorneys for property
and personal care and other issues may appear
somewhat intimidating at first. Fortunately,
with a little guidance and preparation, dealing
with such matters does not have to be so
overwhelming.

Administration of a Will

A will is an instrument by which a person (the
As its name implies, a graveside service may be “testator”) makes a disposition of his/her prop-
held at the grave site just prior to burial of a erty, to be performed or take effect after his or
casket or urn, and usually consists of final
remarks, prayers or memories. The service may her death. Powers of Attorney
occur after or in place of a funeral service. A well-drafted Will may provide for the welfare A lawyer can discuss any potential claims that
of the testator’s family, distribute the testator’s a “dependant may have under Law, and or with A power of attorney is an instrument by which
There’s no one right way to plan a funeral assets in accordance with his/her wishes and respect to any potential claims or entitlements. a person authorizes another person (the
service, we believe that each funeral should be secure the efficient management of the testa- An awareness of such responsibilities and “Attorney”) to act on his or her behalf. It is
as unique and memorable as the life it honors. rights can help prevent unintended consequenc- quite common for people to execute a power of
tor’s property. Handwritten Wills (”holographic es or surprises upon death. attorney for personal care and a power of
When planning your own funeral service in Wills”) can be made by a testator without the In addition to certain statutory claims, there are attorney for property, at the same time of
advance, think about the way you want to be services of a lawyer, problems can arise if not other legal limitations that must be considered drafting a Will.
remembered. Perhaps you’d like a traditional done properly and/or in accordance with appli- when drafting a Will. Documents such as a mar-
funeral aligned with certain religious or ethnic cable legislation. A properly drafted Will can riage or a cohabitation agreement, a separation In a power of attorney for property, the
customs. Or, a celebration focusing on great agreement, or a shareholders agreement (with authority granted to an Attorney may be general
memories made with family and friends may be be a simple, inexpensive way to address many buy/sell provisions, or option agreements) may in nature and thus may authorize the Attorney
your preference. Maybe it’s a combination of estate-related matters, and can make matters also affect your Will plan, and thus it is impor- to act on the grantor’s behalf in conducting his
both. You can have one service, or several, to run much smoother upon death. tant that such information be shared with your or her financial affairs. Alternatively, the
honor your life. representative(s) when designing an estate power of attorney may be quite narrow,
plan. authorizing the attorney to perform specific
While there are many benefits to having a Will acts, such as the sale of specific assets (house,
Regardless of the service or services you
choose to include in your funeral plan, you can in place, there are some things that may not be In addition to determining how your estate will car, etc.) the conduct of banking, or the transfer
personalize them in almost any way imagina- accomplished in a Will. It is important to keep be distributed, a lawyer can speak to you about of securities etc.
ble. For example, just consider the following in mind that some items may not flow through choosing Estate Trustee, and the considerations
questions: your estate, and thus may not be distributed in involved in selecting an appropriate person (or Similarly, in a power of attorney for personal
trust company) to administer your estate. The
care, the authority granted to an attorney is
• Where should your funeral be held? At accordance with your Will. During the estate potential responsibility and work involved in the authority to make, on his or her behalf,
your place of worship? At the funeral planning process it is important to speak with a being an Estate Trustee can be significant, and decisions concerning the grantor’s personal
home? lawyer experienced in such matters and thus appointing someone with the financial care, such as health care, shelter, nutrition,
• Who should officiate the service? knowledgeable of your unique situation. acumen and willingness to take on this respon- clothing, hygiene and safety.
• Will your service adhere to the traditions sibility is a must. Often times, people assume
of your faith or culture? they must appoint a relative or child to act as an While you can appoint more than one attorney,
• Do you want a eulogy, and who should A well designed estate plan can help minimize Estate Trustee because it would be ”an honor”. it is important to decide whether they are to act
deliver it? probate (and other) taxes, and can alert you to While it may be considered “an honor” for “jointly” or “jointly and severally”. Depending
• Would you like an open or closed casket? potential statutory claims that may impact your some, the primary considerations should be upon where your attorney resides, such as
choosing someone with the patience, ability
distinction may have significant practical
ability to deal with your assets as intended. and willingness to carry out this responsibility. considerations.

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