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A Letter of Instruction (LOI) form is a written document that provides detailed guidance and specific instructions on various matters, typically for the benefit of the recipient or an executor, in the event of the sender's incapacity or after their passing. An LOI is not a legally binding document like a will or trust but is considered a supplemental document that can be used to clarify the wishes and preferences of the sender, especially in situations where more formal estate planning documents are not in place.
The content of a Letter of Instruction can vary widely and may include guidance on the following:
- Funeral and Burial Wishes: Instructions on the type of funeral or memorial service desired, including preferences for burial or cremation, choice of cemetery, and any specific requests related to the service.
- Financial Matters: Details about the location of financial accounts, insurance policies, investments, and other assets, as well as any specific arrangements or beneficiaries.
- Debts and Liabilities: Information about outstanding debts, loans, and obligations, along with instructions for paying off or managing them.
- Digital Assets: Information about online accounts, passwords, and digital assets, including social media accounts, email accounts, and online financial accounts.
- Distribution of Personal Property: Instructions for the distribution of personal belongings, heirlooms, and sentimental items among family members and loved ones.
- Guardianship for Dependents: If applicable, an LOI may include recommendations for the care and guardianship of minor children, dependent adults, or pets.
- Final Wishes: Preferences for organ donation, the use of life support measures, or other end-of-life decisions.
- Location of Important Documents: Details on where to find crucial documents, such as the will, trust documents, birth certificates, marriage certificates, and other legal papers.
- Healthcare and Medical Preferences: Instructions for healthcare decisions, including preferences for medical treatment, healthcare proxies, and durable power of attorney for healthcare.
- Executor or Trustee Information: The name and contact information of the person designated as the executor of the estate or trustee of a trust, along with their responsibilities.
- Letter of Intent for Business: If the sender owns a business, an LOI may contain instructions regarding the operation, management, or succession of the business.
It's important to note that a Letter of Instruction is typically not legally binding, and it does not replace formal legal documents like a will or trust. Instead, it is intended to provide additional guidance and information to supplement these legal documents. While it can be a valuable tool for ensuring that your final wishes and practical details are known and carried out, it's essential to consult with an attorney to create or update formal estate planning documents to legally address these matters.
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