Most people think of estate planning as a sterile process that involves building a Florida Will or Revocable Trust, Power of Attorney and Health Care directions. That’s a good start, but what should you really be thinking about when you are developing your planning? Do your thoughts on your faith and values matter? They should, and here are a few ways to incorporate them into your plan:
1. If you have specific ideas that you want to share with your family, you need to convey them in your documents. For example, my wife and I value Roman Catholic education and have our children enrolled in Villa Madonna Catholic School in Tampa. We specifically authorized our trustee to use our resources to allow our children to continue at that school and progress to other Catholic schools as they grow older. We did not rely on general boilerplate provisions about education expenses being covered by our trust.
Although we did not write this in our Wills, we certainly could have stated our wishes that our girls attend weekly Mass and receive the Sacraments as they grow.
Another instrument that touches on someone’s faith is a Living Will. What are your Church’s teachings on end-of-life? Do those teachings matter? I was lucky enough to find the Catholic Bishops Advance Directive, which not only confirms that we are following our Church’s teachings, but also includes a beautiful statement of our faith.
Obviously, for those of you who have worked with us, we raise these issues with our clients. While these examples are faith-based, you do not need to limit your thoughts to purely religious concepts. How about statements that support the notion that a child become a productive member of society?
2. If you cannot think of specific concepts to include in your documents, do not give up. We suggest that you write a letter to the individual who will manage your money for your family (e.g., a trustee) that outlines your thinking. This letter should be a living document, one that you can add to as your thoughts develop. Also, we recommend that you write your family a love letter in which you share your faith/values/wishes for them.
These ideas are often very personal, and so do not ask your lawyer for a template as a starting point! He or she can help to frame your discussion, but do not ask someone to speak for your heart – allow it to speak for you.
