Five ways to make your survivors miserable

You have died, so your survivors are already grieving.  No one wants to “tie up loose ends” and take care of standard post-death things such as getting your death certificate, distributing your possessions, selling your house, etc.  These five ways will almost ensure that their job is made worse.

  1. Die without a will.  Dying without a will is called dying “intestate.”  Without a will directing what goes where, the person in charge of administering your estate needs to distribute according to statute.  This process could be easy, or could be difficult, but will almost definitely be more of a hassle.  If you have minor-age children, quadruple the “hassle quotient.”  Now the Court will need to determine who cares for your children (guardian) with no guidance from you–the person who knows best who the guardian should be.
  2. Have a trust prepared but do not fund it or put assets in it.  If you wisely have a revocable living trust prepared to, among other things, avoid probate, and you fail to re-title or deed the assets to your trust, then these assets will need to go through probate.  (This is not true if held in survivorship deed.)  I have seen probate estates opened just to probate a house or other deeded or titled property when the deceased had a trust prepared, but the trust was “empty”(unfunded).
  3. Fail to designate a point person to hold passwords to social media, email and other accounts.  Survivors might want access to your pictures, or to let others know you have passed.  At one point one company that stored pictures online would not let a surviving husband access his wife’s account.  Her account happened to contain almost all of their childrens’ pictures from birth.  For a professional with a LinkedIn account, notifying colleagues of your death might be critical to clients or matters.  In some circumstances a court order can lead to accessing the account.  Lessen the workload of your survivors by leaving a list of accounts and passwords in a secure place with a trusted person.
  4. Fail to leave instructions regarding cremation or burial.  This is one area that can turn amicable survivors into feuding adversaries.  Some people have strong feelings against being cremated while others have strong feelings against being buried.  Families often argue over which cemetery will be chosen, or where ashes are to be stored or scattered.  Do your family members a favor and specify these instructions.
  5. Neglect to provide for the care of pets.  Who will care for your dog, cat, horse, or other pets if you die?  Leaving a relative to distribute your assets and close your accounts is enough work without also leaving it up to him or her to find homes for your pets, or to be put in the heart-wrenching position of having to take them to the pound or shelter.  Leave provisions for pets in your will or have a pet trust prepared.
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