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Hooper Law Office,LLC Estate Planning Blog

Monday, February 16, 2015

What instructions should I include in my trust?

Whatever you want!  You can tailor your trust instructions to meet your unique needs, as well as those of your loved ones.  The more clear, detailed, and specific your instructions, the better your Trustee will be able to understand your desires and fulfill your objectives.

For example, if you want to be cared for in your home if you become disabled, your trust should say so.  Your trust should also authorize your Trustee to pay for this type of care.  Money will be needed to maintain your home and possibly remodel your home for wheelchair accessibility.  You should grant authority to pay for visiting nurses, 24-hour care, hospice, or other needed caregivers to make staying at home possible.  If you wish to continue your daily routine to the maximum extent possible, you can include direction for your recreational activities, travel (including travel companions), and religious or spiritual involvement.

Business owners will want to give special instructions for the continued operation, transfer, or liquidation of their business.  The instructions need to specify whether the Trustee or someone else will be responsible for implementing these decisions.

Other detailed instructions will allow you to leave what you want, to whom you want, when you want, and in the way you want, just as if you were there personally giving direction.  For instance, you can instruct your Trustee to use your estate to care for your children, provide them with quality education, and offer incentives to encourage them to excel in life.

With careful thought, you can creatively plan to benefit friends, relatives, grandchildren, and charities.  Your planning can even be designed to benefit them immediately or over a period of many years.


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