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Letter of Final Wishes
What are your final wishes?

You should already have a will and a Power of Attorney or Living Will, but have you thought about who will handle important financial matters and what your wishes are in the event of your death? 
 
Clark suggests that you write a letter to your family, typically addressed to your spouse (usually the executor of your will). You may also want to address the letter to your children, particularly if they are the primary beneficiaries of your estate. This letter is meant to provide assistance and guidance to your family regarding items not covered in your will. It will not change your will. Here are some points to cover in your letter:
     
  1. Funeral and burial arrangements: Where, by whom, what kind, and at what cost?
  2.  
  3. Anatomical gifts: Identify the nature and location of any anatomical gift declarations you have made.
  4.  
  5. Memorials and contributions: Identify what organizations or institutions might be appropriate recipients of memorials or charitable donations made in your memory.
  6.  
  7. Preparation of obituary: Should your obituary be prepared in advance and be updated periodically? To which newspaper should it be sent?
  8.  
  9. Notifications of friends, relatives, business associates, and colleagues in charitable or civic groups. Identify those persons to be contracted upon your death, noting any particular requests or messages to be given, and listing their current addresses and phone numbers.
  10.  
  11. Location of your safe-deposit box and its key.
  12.  
  13. Location of your will and estate planning documents: Include any trusts, buy sell agreements, or extraneous writings incorporated in your will.
  14.  
  15. Medical and hospital coverages and location of the policies.
  16.  
  17. Social Security and Veterans Administration benefits: Identify current or potential benefits.
  18.  
  19. Life insurance: Indicate where policies are located and what steps should be taken to collect policy proceeds.
  20.  
  21. Location and explanation of title documents and other records relating to your assets. Include deeds, stocks, bonds, bank accounts and deposits, retirement plans, and vehicle 
    titles.
  22.  
  23. Identify obligations involving periodic payments, such as your home mortgage, car loans, and other debts, including amount and to whom payable.
  24.  
  25. Identify your attorney and professional advisers (including your accountant, broker, trust officer, and insurance agent) who you currently use or recommend.
  26.  
  27. Key employees and business friends to keep business operating until sale. The value of an ongoing business is much greater than a closed one!
  28.  

Excerpts From Clark's Shows: Letter of Final Wishes

Nov 07, 2007 -- Don't let the state decide what to do with your estate!

Do you want a free pass to financial trouble? Try being among the more than 50 percent of Americans who does not have a will! In a surprising twist, Forbes recently revealed that 1 in 3 wealthy Americans doesn't have a will either. What's going on, people? Clark wants to guilt everyone into having a will. Did you know that if you have minor children and don't have a will, the state can take your kids away at the time of your death and decide who gets them? They could go to a stranger or a relative who can't get their life together. Likewise, the state can decide who gets your money if you die and don't have a will. It could go to a family member you don't like, while your spouse may only get 10 cents on the dollar.

If you made a will years ago, you may need to dust it off and update it. You can do this yourself if your financial situation isn't too complicated. You can also go to a site like LegalZoom.com or try the highly respected WillMaker software. But you should go to a specialist if you have substantial money to protect. Retirement savings really need close attention. The beneficiary designation on your 401(k) or IRA accounts will trump whatever you have in your will. So check those designations carefully! One final note: California may be the exception to the rule that living trusts are not useful and should be avoided. That's because the Golden State has a very corrupt probate system. Some lawyers have even been able to arrange guaranteed revenue for themselves as a percentage out of someone's estate. If you own real estate in California and live elsewhere, you may want to hold it in a trust to avoid these corrupt probate courts.
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