If you die without a will, your property will be distributed according to state "intestacy" laws. Being of sound mind requires that the testator is aware of what property they own, understands that the document they are writing is a will, and knows that the will governs how the property will be distributed after they die. The testator must also have the intent to write a will. A testator can show they clearly want to write a will and the document in question is that will by titling the document.
Make sure all bank accounts have direct beneficiaries. The beneficiary need only go to the bank with your death certificate and an ID of their own.
- TOD = Transfer On Death deed if you own a home. Completing this document and filing it with your county saves your heirs THOUSANDS. This document allows you to transfer ownership of your home to your designee. All they need to do is take their ID and your death certificate to the county building and the deed is signed over. Doing this will avoid the home having to go through probate.
- Living Will: Allows one to put in writing exactly what you want done in the event you cannot speak for yourself when it comes to healthcare decisions
- Durable Power of Attorney: Allows one to designate a person to make legal decisions if one is no longer competent to do so.
- Power of Attorney for Healthcare: This document allows one to designate someone to make healthcare decisions for their person.
- Last Will and Testament: Designates to whom personal belongings will go too.
- Funeral Planning Declaration: allows one to say exactly one’s wishes as far as disposition of the body and the services.
- If the above documents are done, at least in MI and Indiana, you can AVOID probate. If all the above is not done, you have to open an estate account at the bank. All money that doesn’t have direct beneficiaries goes into this account. You have to have an attorney to open the estate account. The attorney also has to publicize your passing in the paper etc., to allow anyone to make a claim on your property. - It’s a complete PAIN.
- Make a list of all banks and account numbers, all investment institutions with account numbers, lists of credit cards, utility accounts, etc. Leave clear instructions as to how and when these things are paid. Make sure heirs knows where life insurance policies are located.
- Make 100% sure SOMEONE knows your Apple ID, bank ID account logins and passwords!!!! (Mom had a little binder with all of this! )
- Make sure you have titles for all vehicles, campers, etc!
- MOST IMPORTANTLY!!!! - Talk with those closest to you and make all your wishes KNOWN. Talk to those whom you’ve designated, as well as those close to you whom you did not designate. - Do this to explain why your decisions were made and to avoid any lingering questions or hurt feelings.
had planned on doing a TOD deed for the house the Monday after he died. Had he been able to complete that, it would have saved thousands in attorney fees and we could have avoided having to probate the estate.
Hope this lights a spark to encourage all my friends and family to take care of these things to make it easier for those we’ll leave behind!
Of course only you can make decisions for yourself! My hope is that the above list at least helps you start an important conversation with your loved ones and an attorney that can help you complete all the necessary steps.
