Law in the Marketplace: Part III – Planning for death, disability - Concord Monitor

This is the last of the three columns I’ve written for readers of this newspaper on how to draft planning memos for your spouse and other adult successors on the 30 issues they should handle if you suddenly and expectedly die or become disabled. This third column covers Items 21 through 30 of the items that, in my view, these plans should cover. As I’ve written in Columns 1 and 2, I believe that for many of us, including, especially, those of us who are older or who own New Hampshire businesses, writing these memos is a major duty we owe our successors.

You can, of course, download each of these columns from the online version of this newspaper. However, if you’d like a single Word document that contains all three of these columns, send me an e-mail at lawjmc@comcast.net.

Here are planning memo Items 21 through 30, plus a few suggestions on how to draft these memos.

21. Personal and family property. You should list in your planning memo any personal or family property that your successors may not need upon your disability or death, and you should suggest that they consider selling this property or giving it away (and, in the latter case, you may want to specify to whom you want it to be given).

22. Plans for burial or cremation. In connection with writing your planning memo, you should consider purchasing burial plots for yourself and one or more of your successors or, if you want your body to be cremated, you should consider purchasing cremation plans. Such a plan is likely to cost significantly less before your death than afterwards.

23. Pets. If you have any pets for which you’re personally responsible, you should so advise your successors, and you should suggest a plan for the care of your pets if you become disabled or die.

24. Use of your computer. There may be much information in your computer that will be useful to your successors not only as soon as you become disabled or die but on a continuing basis thereafter. However, it is possible that your successors may not know how to use your computer. This may be the case, for example, if your computer is a PC and your successors use Apple products, or if you use applications with which they’re unfamiliar. You should address these possibilities in your planning memo, and you should provide your successors with the names and contact information of individuals who can help them with any relevant computer issues.

25. Remembrance. If your estate plan doesn’t already do so, your planning memo should set forth the remembrance arrangements you want after your death, such as a celebration of your life; and your planning memo should name the individuals whom you want to attend and those whom you want to speak at this event. In addition, you may want your successors to notify your local newspaper of your death, and you may even want to draft a newspaper obituary for yourself.

26. Rentals, cooperatives and condominiums. If you live in a rental property or in a condominium or cooperative or if you rent or lease your automobile or other property, you should advise your successors about these arrangements and the names and contact information of your landlord and other individuals or entities that, upon your disability or death, they should notify about your rental arrangements.

27. Miscellaneous individuals and entities. In addition to the individuals and entities identified above, you should advise your successors as to the names and contact information of other individuals and entities whom they should consider contacting upon your disability or death. These may include, obviously, your family lawyer if you have one and your estate planner if you have one; and they may also include individuals who provide you with technical support with regard to your business and personal computing.

28. Cleaning up your home. In connection with drafting your planning memo, you should consider, as remote preparation for your disability or death, cleaning out property that you no longer need in your basement, garage, bedrooms, attic, home office and other areas of your home, including your closets. This will save your successors the need to do this cleaning by themselves if you will be moving from your home because of your disability.

29. Death certificates. You should advise your successors that, when you die, they should obtain an original and two or more certified copies of your death certificate. These certificates may be useful, and perhaps indispensable, in dealing with the Social Security Administration or other organizations or individuals with whom your successors deal after your death.

30. Divorced spouse. If you are divorced, you should advise your successors as to whether you would like them to advise your divorced spouse about your disability or death; and your estate plan may include special arrangements concerning divorced spouses.

Here are a few thoughts about how to draft death and disability memos for your successors:

-- Shared items. In some families, one spouse handles some of the items listed in this and my other columns about planning memos, and the other handles others. The above items should of course be addressed with this sharing in mind.

-- Interim and final drafts. I suggest that you provide drafts of your planning memo to some or all of your adult successors and to your estate planner, if you have one, for their comments; that you implement their comments in the final version of your planning memo; and that you provide copies of your planning memo to all of your adult successors.

-- Exhibits. I suggest that in drafting your planning memo, you also draft one or more exhibits to it. These might include, for example, an exhibit setting forth the name and contact information for all individuals and entities your successors should be aware of if you suddenly and unexpectedly die or become disabled; an exhibit consisting of photocopies of both sides of the various credit cards and other items in your wallet; a list of family and business debts; copies of your family and business financial accounts; and a list of the passwords you use to access online applications and other resources whose use requires passwords.

-- File holder. I suggest that you prepare a file holder that will contain the final version of your planning memo and all of its exhibits and that your memo state where your successors can find this folder.

-- Updates. You should periodically review your planning memo — perhaps even annually; and you should make any necessary updates of it.

John Cunningham is a lawyer licensed to practice law in New Hampshire and Massachusetts. He is of counsel to the law firm of McLane Middleton, P.A. Contact him at 856-7172 or lawjmc@comcast.net. His website is llc199a.com. For access to all of his Law in the Marketplace columns, visit concordmonitor.com.

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