What estate documents am I missing?

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills.
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Topic Author
BradleyB
Posts: 31
Joined: Sun Sep 10, 2023 7:31 pm

What estate documents am I missing?

Post by BradleyB »

We are meeting with our estate attorney next week.

We already have:
Wills
Health care power of attorney
Living wills

Not sure if we have financial POA, I can't find it if we do.

So, what else are we missing?

(My SIL is struggling something awful with his elderly parents and we don't want to put our kids through that.)
ChicagoBear7
Posts: 146
Joined: Tue Jan 16, 2018 12:12 pm

Re: What estate documents am I missing?

Post by ChicagoBear7 »

I would add a Durable Power of Attorney and a HIPAA Release to the necessary documents. You should also consider prearing a "Death Book" or a "In Case of Emergency" document listing your banks, brokerages, IRAs, 401k, pensions, insurance etc -- so your representative or executor has an idea of what you have and where to look. You don't have put dollars - just where to inquiry if necessary.
Cruise
Posts: 2533
Joined: Mon Nov 21, 2016 6:17 pm

Re: What estate documents am I missing?

Post by Cruise »

BradleyB wrote: Fri Sep 15, 2023 4:53 pm We are meeting with our estate attorney next week.

We already have:
Wills
Health care power of attorney
Living wills

Not sure if we have financial POA, I can't find it if we do.

So, what else are we missing?

(My SIL is struggling something awful with his elderly parents and we don't want to put our kids through that.)

I would think your estate attorney might know what needs updating and what is missing.

In addition to what one normally sees on lists, our attorney had us endorse a digital rights affidavit. That was new for us.
Topic Author
BradleyB
Posts: 31
Joined: Sun Sep 10, 2023 7:31 pm

Re: What estate documents am I missing?

Post by BradleyB »

ChicagoBear7 wrote: Fri Sep 15, 2023 5:00 pm I would add a Durable Power of Attorney and a HIPAA Release to the necessary documents. You should also consider prearing a "Death Book" or a "In Case of Emergency" document listing your banks, brokerages, IRAs, 401k, pensions, insurance etc -- so your representative or executor has an idea of what you have and where to look. You don't have put dollars - just where to inquiry if necessary.
I do have that, including passwords. 2 copies here and kids have a copy.

No doubt the lawyer knows all this stuff, I just like to be prepared and know what questions to ask.
OpenMinded1
Posts: 1372
Joined: Wed Feb 05, 2020 8:27 am

Re: What estate documents am I missing?

Post by OpenMinded1 »

Cruise wrote: Fri Sep 15, 2023 5:27 pm
BradleyB wrote: Fri Sep 15, 2023 4:53 pm We are meeting with our estate attorney next week.

We already have:
Wills
Health care power of attorney
Living wills

Not sure if we have financial POA, I can't find it if we do.

So, what else are we missing?

(My SIL is struggling something awful with his elderly parents and we don't want to put our kids through that.)

I would think your estate attorney might know what needs updating and what is missing.

In addition to what one normally sees on lists, our attorney had us endorse a digital rights affidavit. That was new for us.
So what is a digital rights affidavit? I'm guessing it's something that gives someone the right to access another person's digital accounts, but not sure. Updating our estate plan will be my next fun project. :?
Cruise
Posts: 2533
Joined: Mon Nov 21, 2016 6:17 pm

Re: What estate documents am I missing?

Post by Cruise »

OpenMinded1 wrote: Sat Sep 16, 2023 8:00 am
Cruise wrote: Fri Sep 15, 2023 5:27 pm
BradleyB wrote: Fri Sep 15, 2023 4:53 pm We are meeting with our estate attorney next week.

We already have:
Wills
Health care power of attorney
Living wills

Not sure if we have financial POA, I can't find it if we do.

So, what else are we missing?

(My SIL is struggling something awful with his elderly parents and we don't want to put our kids through that.)

I would think your estate attorney might know what needs updating and what is missing.

In addition to what one normally sees on lists, our attorney had us endorse a digital rights affidavit. That was new for us.
So what is a digital rights affidavit? I'm guessing it's something that gives someone the right to access another person's digital accounts, but not sure. Updating our estate plan will be my next fun project. :?
I’m traveling and don’t have the document with me, but basically gives your POA access to all of your digital accounts so that they can be closed, accessed, etc.
OpenMinded1
Posts: 1372
Joined: Wed Feb 05, 2020 8:27 am

Re: What estate documents am I missing?

Post by OpenMinded1 »

Cruise wrote: Sat Sep 16, 2023 11:35 am
OpenMinded1 wrote: Sat Sep 16, 2023 8:00 am
Cruise wrote: Fri Sep 15, 2023 5:27 pm
BradleyB wrote: Fri Sep 15, 2023 4:53 pm We are meeting with our estate attorney next week.

We already have:
Wills
Health care power of attorney
Living wills

Not sure if we have financial POA, I can't find it if we do.

So, what else are we missing?

(My SIL is struggling something awful with his elderly parents and we don't want to put our kids through that.)

I would think your estate attorney might know what needs updating and what is missing.

In addition to what one normally sees on lists, our attorney had us endorse a digital rights affidavit. That was new for us.
So what is a digital rights affidavit? I'm guessing it's something that gives someone the right to access another person's digital accounts, but not sure. Updating our estate plan will be my next fun project. :?
I’m traveling and don’t have the document with me, but basically gives your POA access to all of your digital accounts so that they can be closed, accessed, etc.
Thanks. That sounds like it could be a great help to someone with POA.
LookinAround
Posts: 636
Joined: Tue Mar 27, 2018 5:41 am
Location: Chicagoland

Re: What estate documents am I missing?

Post by LookinAround »

BradleyB wrote: Fri Sep 15, 2023 4:53 pm We are meeting with our estate attorney next week.

We already have:
Wills
Health care power of attorney
Living wills

Not sure if we have financial POA, I can't find it if we do.

So, what else are we missing?

(My SIL is struggling something awful with his elderly parents and we don't want to put our kids through that.)
I skimmed the thread the other day. It looked like the list of docs you'd want were already covered (and matched mine) BUT after I just read this megathread myself, Finding out your Power of Attorney is useless (jump to page 5 for the more recent posts), suggest you check with each broker account if they have their own POA form. Seems filling out theirs as well can make the process much easier when the time comes. I just checked Vanguard - they do have their own POA form that can be filled out online. Will do mine tomorrow.
Topic Author
BradleyB
Posts: 31
Joined: Sun Sep 10, 2023 7:31 pm

Re: What estate documents am I missing?

Post by BradleyB »

After this, we met with our attorney. He is going to generate a doc or two (I forget which) but most of the other stuff was in envelopes and I just didn't see them.

This was also a good kick in the rear to make sure that all of our accounts have beneficiaries. All are joint accounts. Schwab was easy and already done. Totally online. Our local bank-Fifth Third- was a total PIA. We have just enough in their brokerage division to get free services. All in Boglehead-friendly accounts. But you have to talk to this guy. Or that guy. "You are self-directed so I can't access that." Finally got it done.

But as a side note, I told my wife that he even mentions an annuity, we are pulling all of our money out. Fortunately, he has gotten the message.

Banks are terrible places to invest, but ok for a checking acct or credit card.
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