The Benefits of Double Checking Beneficiaries

The internet is filled with articles on avoiding estate planning mistakes. At Boyum Law Firm, one specific mistake we recommend clients look out for is not updating or using beneficiary designations correctly. Read on to learn more about designating beneficiaries and how to avoid common beneficiary designation mistakes.

What is a beneficiary designation?

A beneficiary designation is an asset-distributing estate planning tool commonly used for retirement accounts and life insurance policies. When an individual designates a beneficiary on their account or policy, they’re naming the person who will receive the asset when they die.

Who is a beneficiary?

A beneficiary is anyone you choose to designate on an account. Often times, people name a spouse, children, friends, trusts or charities as their beneficiary. You can have multiple beneficiaries on your accounts and can even choose what percentage each person receives. People often list a primary beneficiary and secondary beneficiary. If the primary beneficiary dies first or cannot be located, the secondary receives the asset.

Where do beneficiary designations go wrong?

When it comes to estate planning, people generally make two types of beneficiary designation mistakes. The first common mistake is not updating accounts containing a beneficiary designation following a major life event. For example, let’s say a husband originally listed his wife as the sole beneficiary on his retirement account. The couple divorces ten years down the road. Now, the husband wants his children to inherit the asset when he dies. He never gets around to officially making the beneficiary change on his document, so in the end, his ex wife still inherits the funds in his account.

The second common beneficiary designation mistake people make is not being aware of the difference between listing a beneficiary on an account and listing an heir for an asset in their last will and testament. When it comes to distributing assets following an individual’s death, their beneficiary designations always trump what their last will says. This means that if a woman leaves her life insurance policy to her son in her last will but has listed her daughter as the sole beneficiary on her policy, her daughter receives the asset.

Routinely checking beneficiary designations can easily prevents these two common estate planning mistakes. Doing so will save your heirs from potential fights and grant you peace of mind.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning and probate law needs. To contact Boyum Law, click here.

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How To Talk To Key Members Of Your Estate Plan

A key component of estate planning involves naming individuals to stand in for you in the case of a medical emergency or death. We’ve written extensively on how to choose a legal guardian for minor children and what to look for in a personal representative, but how do you ask your ideal candidates if they’re willing to take on a role in your plan? Read on to find out.

How to start the conversation

The first step is to start the conversation. It can be difficult to ask someone to take on a task as daunting as serving as your children’s legal guardian in the event something happens to you. It’s not necessarily any easier asking them to fill a smaller, short-term role, such as serving as your personal representative when you die. So how do you start these difficult conversations? To begin, try to broach the subject during a normal conversation in a calm atmosphere. You could bring it up with a phrase as simple as: “We met with a lawyer the other day to talk about estate planning.” Or, “I’ve been trying to get my estate plan in order.”

How to ask the question

Once you have the conversation started, you need to ask the actual question. First, let your chosen individual know what role you’re asking them to fill. For example, “We’d like to ask you to be our children’s legal guardian in the event something happens to us.” Or, “I’d like to ask you to serve as the personal representative of my estate.” Let your candidate know why you think they’d be a good fit for the job. Give them time to ask questions of their own. Then, move on to the next step.

Talk about the responsibilities

Your ideal candidate needs to be aware of the responsibilities they’d be accepting when taking on a role in your estate plan. Different roles require the completion of different tasks. For example, your durable power of attorney would make financial decisions on your behalf in the event you become incapacitated while your medical power of attorney would be responsible for making your medical decisions. Each individual you’re naming needs to know exactly what they’d be handling when the time comes so they can decide if they’re up to the challenge.

Accept their response, whatever it may be

Ideally, your candidate says yes to accepting the responsibility you’ve asked of them. They may not, however. Be prepared for a no and be willing to accept their response. You have nothing to lose by asking them to fill a role and everything to gain. This is because asking your candidate if they’re willing to accept a role in your estate plan enables you to come up with a back up plan in the event they say no. That way, no one is surprised. You can rest assured the person chosen for the job is up to the challenge, so when the time comes, your documents and selected individuals do their jobs as planned.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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5 Reasons To Update Your Estate Plan

Estate planning, like grocery shopping or doing a load of laundry, is a task that’s never completely checked off your to-do list. In fact, routinely updating your estate planning documents ensures your plan best protects you and your loved ones. Your estate plan doesn’t need weekly updates, but a few big life changes create a need for an updated plan. Read on to discover five reasons to update your documents.

1. You’ve married or divorced

Changes in marital status are one reason you should update your estate plan. Odds are you’d like to include your new spouse in your estate plan if you’ve gotten married. On a similar note, you probably don’t want to keep an ex-spouse listed as a beneficiary on any accounts or as your power of attorney. In both cases, updating your documents is the key to avoiding an estate planning disaster.

2. Your family has grown

Welcoming a new addition to the family is an exciting time. You always want to be around for your children, but do you have a plan in place in case the unexpected happens? Updating your last will and testament and naming a legal guardian ensures your children will always be well taken care of, even if you’re not around. For tips on how to choose a legal guardian, check out our blog post here.

3. Your personal representative or powers of attorney have died

From powers of attorney to a legal guardian for minor children to your personal representative, a large part of estate planning involves naming trusted individuals in your documents. These trusted individuals are responsible for completing a specific task in the event you’re incapacitated or die. If the person you’ve chosen for one of these tasks has died or is no longer willing to fill the role when needed, it’s time to pick a new person.

4. Your financial situation has changed

Maybe you’ve opened a new retirement account and need to add a beneficiary. Or your assets have grown through the years and you’re now interested in creating a trust. Regardless of the reasoning, changes in your financial situation or a great reason to update your estate plan.

5. It’s been three to five years since you’ve last updated your estate plan

Even if you don’t have a specific reason or desire to update your estate plan, it’s best to go through your documents every three to five years. That way, you can ensure your plan is up-to-date and can catch any minor changes or complications. It never hurts to double check things, after all, especially if that thing is as important as your estate planning documents.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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Aretha Franklin Died Without a Will. What Happens Next?

Prince. Amy Winehouse. Bob Marley. What do these famous musicians have in common? None of them created a last will and testament before they died. A few weeks ago, Aretha Franklin, the Queen of Soul, became the latest star to die without a will. So, what happens to her estate next? Read on to find out.

Why create a last will and testament?

First, to understand the process that Franklin’s estate will go through, it’s important to understand why every one should create a last will and testament. A last will and testament is a legal document used to complete a variety of estate planning tasks when you die, including:

• Distributing assets
• Naming a legal guardian for minor children
• Naming a personal representative

This legal document is a key component of a solid estate plan because it enables you to lay out in advance how you’d like your assets distributed. Other estate planning documents, such as a trust, can be a better choice for distributing assets in the event privacy is a concern. However, at the very least, every one should create a last will, regardless of their marital status or income level.

What happens if you don’t create a last will?

If you die without creating a will, you have died intestate. This means that the intestate succession laws of the state in which you lived will determine how your assets are distributed. In other words, if you die without a will, the state assumes it knows how you would’ve wanted your assets distributed. Assets subject to a state’s succession laws are items that would’ve needed to pass through probate. Succession is determined based on the living relatives of the deceased.

In Franklin’s case…

In Franklin’s case, her estate is subject to the intestate laws of Michigan. Her estate, which is estimated to have a net worth of $80 million, will be split equally between her four sons. While this sounds fair, it might not have been what Franklin actually wanted. If she had created a will before she died, she could’ve split her assets out equally or unequally, left specific items to specific people, and potentially protected the privacy of her loved ones by creating additional documents, such as a trust.

To learn more about the benefits of creating a last will and testament, check out our blog post here.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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3 Reasons To Hire A Probate Attorney

When a loved one passes away, they leave behind many loose ends, such as bills and assets. The person responsible for tying up the loose ends of the deceased is their personal representative. Serving as someone’s personal representative is a daunting task, but you don’t have to go through it alone. In fact, you can and should hire a probate attorney to guide you through the probate process. Here’s why:

1. Probate is complicated.

When you serve as a loved one’s personal representative, you’re responsible for shepherding their estate through the probate process. This means that you’re responsible for a variety of tasks, including filing forms, settling debts, and distributing assets to heirs. All of these tasks need to be done in a specific order and within so many days. Most people without a law degree know little about the probate process, which makes completing complicated, required tasks difficult. By hiring a probate attorney for guidance, you can make sure all tasks are completed on time.

2. A probate attorney can lessen your stress.

Between keeping track of assets and paying off debts, probate is a stressful process. Hiring a probate attorney can lessen your stress because you can rely on them to help you through the process. Your probate attorney will provide answers to all of your questions and will help you file all necessary documents. The probate process is much less stressful when you’re not responsible for wading through all of the paperwork and tasks alone.

3. A probate attorney can help keep the peace.

The death of a loved ones is stressful and unfortunately, fights within families or between heirs are not uncommon during the probate process. A probate attorney can help you keep the peace by stepping in and explaining inheritances to heirs. As a professional and individual outside the family and friend group of the heirs, your probate attorney can serve as a level-headed peace keeper so that you can do your job as a personal representative without worrying about hurting other people’s feelings or becoming an easy target for angry individuals.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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Estate Planning: Is It Always Necessary?

Estate planning is an important task everyone should check off their to-do list for a number of reasons. Creating legal documents is one way to protect you and your loved ones from harm in the event of a medical emergency, for example. It’s easy to question, however, whether or not a daunting task like estate planning deserves a spot on your to-do list. After all, if you aren’t worried about redistributing assets or don’t have children to plan for, do you really need to create a plan? The answer is yes, everyone should create a plan. Here’s why:

Estate planning is about more than redistributing wealth

One common misconception about estate planning is that only the wealthy need a plan. This misconception stems from the belief that estate planning is all about redistributing wealth. You can and should use your plan as a wealth redistribution tool, but it’s capable of doing much more. For example, estate plans protect people and their loved ones from the unpredictable. To do this, your estate plan should include power of attorney documents (POA) and a living will. These documents protect you in the event of a medical emergency by giving a chosen individual the power to make medical and financial decisions on your behalf as well as stating your wishes in relation to life sustaining care. With documents like these in place, your estate plan can properly take care of you in life and after death, no wealth redistribution planning required.

That’s not to say redistributing wealth through your plan isn’t something to consider

While estate plans are capable of doing more than redistributing wealth, their wealth redistribution benefits shouldn’t be overlooked. Creating a last will and testament is the simplest way to redistribute wealth using your plan. In your last will, you list your assets and include who’d you like to receive them. Individuals with more complex inheritnace needs have other options, including a number of trusts. Trusts come in different forms to fit different needs. Your attorney should work with you to determine the type that best fits your situation. The key benefit trusts provide is their ability to avoid the probate process. By avoiding probate, which is the process used to settle an individual’s estate when they die, trusts keep information about who received what for an inheritance private.

You may not have specific privacy concerns that would cause you to need a trust, but creating estate planning documents, like a trust, enables you to dictate how your assets are distributed when you die. This is because without a last will, your assets are divided using the intestate laws of the state in which you live. To learn more about Nebraska’s intestate laws, click here.

There’s more to plan for than children in an estate plan

Another common estate planning misconception is that if you don’t have children, you don’t need a plan. People with children who are minors use their last will to name a legal guardian. A legal guardian is someone who steps in to care for minor children if something happens to their parents(s)/guardian(s). However, estate plans do more than name a legal guardian. For example, plans name the aforementioned POAs and a personal representative. A personal representative is the individual responsible for settling a person’s estate when they die. You ensure the best person has the job by creating a last will and naming a person yourself. If you don’t create a plan and select a personal representative, a judge will name one for you after you die. That individual may not have been the best person for the job.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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How Can Boyum Law Firm Help You?

At Boyum Law Firm, we end every blog post with an invitation for our readers to contact us with their estate planning, Medicaid planning, and probate law needs. Whether you have questions that need answers or are ready for a free consultation, we want to assist you in any way we can. Read on to discover all the ways our firm can help you today.

We can help you create an estate plan.

Estate planning is one of our specialties at Boyum Law Firm. Our experienced team can provide you with the knowledge you need to create a well-rounded estate plan that protects you and your loved ones. For example, we can help you create:

• A last will and testament that enables you to name a legal guardian for your children, distribute assets, and appoint a personal representative.
• Power(s) of attorney documents, which provide protection in the event you become incapacitated.
• A living will, which enables you to determine in advance whether or not you’d like to receive life sustaining care in the event you’re in a permanent vegetative state or terminally ill.
• A HIPPA release, where you can name who you’d like to have access to your medical information.
• A variety of trusts, which enable you to distribute your assets and protect your privacy.
• And more, such as the ability to obtain an LLC for your business or create a transfer-on-death deed.

Boyum Law Firm can assist you with Medicaid planning.

We can help you qualify for Medicaid in a smooth and organized process.

We can walk you through the probate process.

Probate is the process used to settle a person’s estate when he or she dies. The probate process is complex, which is why it’s often best to hire a professional to help ensure transitions are made smoothly and the estate is closed in a timely manner. At Boyum Law Firm, we can walk you through the probate process from start to finish. That way, you can rest assured you’re properly handling the estate of the deceased.

In conclusion…

Boyum Law can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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Estate Planning and Blended Families

Blended families, or families that include a stepparent, stepsibling or half-sibling, are common. In fact, according to a Pew Research Center study, 16 percent of U.S. children live in a blended family. When it comes to estate planning, the needs of blended families differ from the needs of more traditional families. Make sure the special estate planning needs of your blended family are met by utilizing the following tips.

Discuss your decisions in advance

Everyone, regardless of if they’re from a blended family or not, should discuss their estate planning decisions in advance. Not only does discussing your decisions provide your loved ones with insight into why you’ve made certain choices, but it is also protects against hurt feelings down the road. A death in the family is stressful, as is terminal illness or the incapacitation of a loved one. Family members can get angry towards one another when dealing with the emotional and logistical fallout of a stressful situation. This can create problems and result in arguments.

For example…

John Smith and his second wife, Jane, have been married for ten years. The couple has children together, and John has an adult son from a previous relationship. John was recently in a car accident and is incapacitated. His legal documents name Jane as his medical power of attorney. Charlie, John’s son from his previous marriage, is upset his stepmom is his dad’s POA. Charlie feels that Jane doesn’t know what his dad would really want in this situation. Jane and Charlie fight about it, and the whole situation becomes more stressful with the added family tension.

If John explained the reasoning behind his decision to name Jane as his POA in advance, odds are Charlie wouldn’t be upset. The extra stress wouldn’t be added to the situation, and the family wouldn’t worry about taking care of John while dealing with arguments. This type of interfamily conflict doesn’t just occur in blended families. However, with different types of parent/child and sibling/stepsibling relationships, blended families should take extra care to explain all legal decisions to everyone.

Define fair and plan accordingly

When it comes to leaving an inheritance to heirs, everyone has a different opinion. Some people opt to donate everything to charity. Others want to pass as much financial support as possible down to their heirs. Regardless of how you define fair in terms of inheritance, it’s important to plan accordingly. This is especially true for members of blended families. Often times, couples set up their estate plan to have everything go to their spouse if he or she survives them. Then, once the surviving spouse passes away, assets are typically left to the couple’s children or grandchildren. This setup can cause problems for blended families, however.

For example…

Dan and Deb’s estate plan is set up to have all assets go to the surviving spouse if one of them dies first. Then, assets will be divided equally among the couples children and stepchildren. Dan is 65 years old. Deb is 35. While there’s no way to predict which one of them will pass away first, odds are pretty good that Deb will survive Dan. This means that Dan’s children from his previous relationship – who are roughly the same age as Deb – will not receive their share of inheritance for years, which is potentially problematic.

If Dan and Deb see this setup as fair, then there’s no problem. However, if Dan prefers that his older children receive their inheritance following his death, he should create a workaround using his legal documents. For example, Dan could figure out each child’s fair share and name his adult children as beneficiaries on a life insurance policy or some other accounts. That way, they receive their share of inheritance outside the probate process. Deb can then use her plan to take care of the couple’s younger children without having to worry about Dan’s older children.

Using a workaround may seem odd, but it adds a layer of protection for everyone. This is because when someone inherits assets, the assets officially become theirs. Any previous plan for distribution can be thrown out the window. So, say Dan died first and left everything to Deb. In the years following Dan’s death, his adult children and Deb had a falling out. Deb updated her estate plan accordingly and is now leaving nothing to Dan’s adult children, even though he would’ve wanted them to receive a share of what she inherited from him. Deb’s decision is legal.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.

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Do You Need A Living Will?

Imagine lying in a hospital bed. You were in a car accident, suffered severe injures, and are in a permanent vegetative state. As the doctor explained to your loved ones, you won’t survive without life support. So, what happens to you next? Well, that depends on whether or not you’ve created a living will. Read on to discover what a living will is and how it can protect you and your loved ones from a scenario like the one above.

What is a living will?

A living will is one of five essential estate planning documents. It explains whether or not you’d like to be kept on life support if you cannot survive without it, are terminally ill, or in a persistent vegetative state or coma. Additionally, your living will expresses what pain medications you do and do not want to receive as well as your religious beliefs in relation to medical care. In other words, your living will serves as a physical, legal copy of all the decisions you would’ve made for yourself in the event you need life support and are unable to express your wishes.

How does a living will protect you and your loved ones?

A living will protects you and your loved ones in different ways. First, the document protects you by clearly stating your wishes. That way, you receive the care you want even if you’re unable to voice your opinion. Second, the document protects your loved ones from having to make decisions for you. Having doctors tell you that your loved one needs life support to survive is difficult. The situation becomes even more challenging when you have to decide whether or not they should receive that care. By clearly stating your wishes in advance, you can protect your loved ones from having to make the tough call for you. Additionally, you can avoid family drama in the wake of tragedy. Your loved ones may not all agree on what to do for you. You can avoid family warfare by making the decision for yourself in advance.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law Firm, click here.

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3 Common Estate Planning Myths Debunked

Estate plans may look like unassuming pieces of paper, but for being made of something simple, they’re shrouded in mystery. In order to clear up some of the mystery surrounding estate planning, we’re debunking three common estate planning myths.

1. Myth: All you need is a last will and testament.

One common misconception that many people have about estate planning is that all you need is a last will and testament. While a last will enables you to cover a lot of ground when estate planning, it can’t do it all. For example, your last will won’t be able to help you and your loved ones in the event you become incapacitated. You need a durable and medical power of attorney (POA) in this type of situation. This is because POA documents enable you to name an individual to make medical and financial decisions on your behalf. For this reason, creating a last will and testament is a great place to start your plan, but it’s important to cover all the bases with other documents. Your estate planning attorney should discuss which documents are best for you and your plan.

2. Myth: There’ll always be time to create a plan later.

Another common myth that many people believe about estate planning is that there’ll always be time to create a plan later. It’s easy to push your estate plan to the side and say you’ll take care of it when you’re older. However, procrastinating can land you in hot water. This is because creating an estate plan provides a variety of benefits, such as:

• the ability to protect you and your loved ones from the unforeseeable.
• the ability to plan for the distribution of your assets.
• the opportunity to appoint representatives, such as a personal representative and/or legal guardian for your children, in your documents.

If you become incapacitated or die before creating your plan, you could leave your loved ones facing many challenging decisions. Plus, your assets will be subject to the probate process and probably won’t be distributed as you would’ve liked. For this reason, it’s best to create a plan now so you’ll be protected in the future.

3. Myth: Once you create a plan, it’s set in stone.

Finally, a third common estate planning myth is that once you create an estate plan, it’s set in stone. The truth is, estate plans are flexible and can be updated at anytime. Whether a relationship has changed within your family or your original personal representative has died and you need to appoint a new one, you can update your plan by meeting with your attorney and drafting new documents. An important side note, however, is that using an attorney to create your estate plan is important if you want to be able to update it. Specific language has to be included in your documents stating that old drafts are void with the creation of a new one. Do-it-yourself services might not include this specific language, which is why you should always hire an estate planner to create your estate plan.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law Firm, click here.

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3 Ways to Utilize Your Last Will and Testament

From appointing a legal guardian for your kids to naming a personal representative, creating a last will and testament enables you to cover a lot of ground when it comes to estate planning. Make sure you utilize your legal document to its fullest potential by using your last will and testament to do the following:

1. Name a legal guardian for minor children.

Use your last will and testament to its fullest potential and build on your plans by naming a legal guardian for your minor children. Part of parenting is making plans. From scheduling play dates to setting up college savings funds, you meticulously make plans to ensure your children are well cared for.  You plan to be there for every milestone, but what if the unthinkable happens? Have you made plans for who will step in and raise your child if you’re gone? The best way to prepare for this situation is to designate a legal guardian. A legal guardian is a person who makes legal, medical, and financial decisions for a ward. You name a legal guardian in a last will and testament. By naming a legal guardian, you can ensure your child is always well cared for, even if your best laid plans fall through.

2. Distribute your assets.

Another way to utilize your last will and testament is to use the document to distribute your assets. Your last will is customizable, so you can work with your attorney to create a plan and distribute your estate as you like. There is one drawback to using your last will to distribute your assets, however. Since your will has to be filed in probate, it’s a public document. Anyone can access it and see who you gave what. If privacy is a concern for you and your heirs, creating a trust is the better route to go when distributing your assets since trust documents are private. If you’re keeping things simple and don’t have privacy concerns, your last will is a quick and efficient route to take.

3. Name a personal representative.

Finally, you can use your last will and testament to name a personal representative. A personal representative, known as an executor in other states, is an individual you appoint to settle your estate when you die. Your representative completes a variety of tasks to settle your estate. These tasks include paying off debts and collecting, protecting, and distributing your assets. Selecting a trusted individual is the key to ensuring your estate is settled smoothly. By naming your personal representative in your last will, you can guarantee you have the right person for the job. If you don’t name a representative yourself, the court will appoint one for you. The court may appoint a candidate that you would’ve considered less than ideal. For this reason, it’s best to utilize your last will and testament and take care of the appointment yourself.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law Firm, click here.

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How To Organize Your Digital Estate In Three Steps

In the age of technology, the number of online accounts people own is increasing. These accounts, otherwise known as digital assets, affect your estate plan. Important documents, such as bank statements and bills, used to arrive in the mail. Now, most people receive these documents via password-protected email accounts. This impacts your estate when you die because it affects your personal representative’s ability to gather your assets and pay your debts. Additionally, other online assets, such as your social media accounts, will need to be deactivated or memorialized when you die. You can make the probate and end-of-life process easier on your personal representative and heirs by organizing your digital assets with these three steps.

1. Catalog Your Accounts and Assets

Cataloging your accounts and assets is the first step to organizing your digital estate. Odds are, you have online accounts ranging from iTunes to email to Facebook. Creating a list of all your accounts and assets will help you keep track of what you have. This will come in handy later on when your heirs or personal representative are memorializing or deactivating your accounts and sorting through your assets during the probate process.

2. Keep Track of Login Information

Keeping track of login information is the next step to organizing your digital estate. There are two ways to keep track of your login information:

1. The old fashioned use of pencil and paper.

2. Going digital.

Writing down your login information using pencil and paper is quick and easy. If you’re more tech savvy, an app or website is the better way to go. Apps, such as the ones discussed in this article, make it easy to store password information on your phone or tablet. Websites, such as KeePass, can also help you keep track of passwords.

Note: Safety precautions are necessary, but there are benefits.

Both routes for organizing your login information require safety precautions. If you use the old fashioned paper and pencil option to organize your digital estate, split up and store your usernames and passwords in two different locations. That way, no one can easily access or take all of your information. Or, keep your logins with a trusted individual or a secure location, such as a safe.

Going digital also requires safety precautions. Online accounts are hackable, so it’s important to make sure the site you use is reputable. Also, make sure you pass along your login information for the app or master key for the website you use to a trusted individual. Otherwise you’ll be back to square one and no one will know your login information or be able to easily access your accounts.

By organizing your login information, you can cut down on the time your personal representative or heirs spend gaining access to your online accounts and assets. This could help your estate get settled more quickly.

 3. Leave Instructions In Advance

The final step to organizing your digital estate is leaving instructions in advance. Similar to using your estate plan to leave burial instructions, you should leave instructions for your digital estate. By leaving instructions, you can dictate if you would or would not like your social media accounts deactivated or memorialized. You can give someone else permission to take over your blog or website, and you can ensure your heirs have access to any digital assets you own, such as cryptocurrency.

How Can Boyum Law Firm Help You?

Boyum Law Firm can help you and your loved ones with your estate planning, Medicaid planning and probate law needs. To contact Boyum Law Firm, click here.

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Starting a Business? Boyum Law Firm Can Help

You have the perfect business idea, but mountains of paperwork and confusing legal requirements are preventing your dream from becoming reality. Contacting Boyum Law Firm for help makes the process of setting up your business easier. Here’s why:

We have experience.

Boyum Law Firm has helped numerous clients create limited liability companies and/or corporations for their businesses.  Working with other clients has enabled us to strengthen our skill set, and everything we’ve learned through the years will be applied to help you and your business. Additionally, we’re well-seasoned veterans at filing the state and federal paperwork needed to turn your dream into reality. Filling out Nebraska Tax Applications and obtaining Employer Identification Numbers from the IRS becomes much easier the tenth time around, so we’ll have your business up and running in no time.

You have questions. We have answers.

Creating your own company leads to many questions, such as what type of entity is right for me? How do I name my business? Does Nebraska law require me to create a limited liability company (LLC) or corporation for my business? Boyum Law has the answers to all three questions and more. Additionally, we have questions of our own to ask you in order to ensure we lead you and your business down the right path. After all, there are benefits and drawbacks to creating an LLC vs. a corporation, so it’s important to make sure you choose the option that best fits your business needs.

We speak legalese.

Creating an LLC or corporation requires creating legal documents with language that can be a bit complicated. Luckily, our staff at Boyum Law is fluent in legalese. This means that we can explain how clauses within your operating agreement and other legal documents work to protect you and your company.

We’ll help you keep track of important documents.

Boyum Law creates a handmade binder for each client with an LLC and corporation. We’ll place all of your important paperwork in this binder so you can keep everything from your business minutes to by-laws all in one safe place.

Contact Boyum Law Firm

To contact Boyum Law Firm for help with setting up an LLC or corporation, click here.

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Transparency Is Key When Estate Planning: Here’s Why

Talking about death, end-of-life decisions, and money is uncomfortable but necessary when estate planning. It’s not enough to talk to an attorney in order to make a plan, either. Sharing information with your loved ones and the reasoning behind your decisions is also important. Here’s why:

Peace of Mind Matters

Your loved ones, especially adult children, worry about what will happen to you in the event of a medical emergency or incapacitation. Creating and sharing estate planning documents with them can provide peace of mind. If they know you’ve created a plan for worst-case scenario situations, they won’t be as worried about the unknown and unpredictable.

Family Warfare Happens

Most people have seen or read a horror story about inter-family conflict following the death of a loved one. You might think your loved ones could never fight like that. However, no matter how confident you are in your heirs’ ability to get along, it’s important to remember that grief changes things. Emotions are heightened during the stressful situation. Things that seemed minor, such as who inherits your coffee pot, might now feel major. Additionally, if you were the parent who served as your children’s referee during conflicts, they may argue without  being able to find a solution on their own.

By talking through inheritance decisions in advance, you can prevent family warfare. Having an open conversation with loved ones enables you to lay it all out on the table. You can provide insight on the reasoning you used to make inheritance decisions. This can help prevent hurt feelings and arguments later on. Family warfare happens, but transparency could help prevent it.

Decisions Aren’t Always Yours Alone

Estate planning documents, such as powers of attorney documents, include places for you to list another person in some capacity. For example, your last will and testament includes a space to list a legal guardian for your children. It’s ultimately up to you to decide who the best person is for a variety of jobs in your estate plan. However, just because you’d like a specific person to fulfill a certain role in your plan doesn’t mean that person is actually interested in the job.

It’s important to remember that estate planning roles require your selected individual to fulfill a variety of responsibilities. Just because you’d like to list your sister as the legal guardian of your children does not mean she wants that responsibility. For this reason, it’s important to talk to your first-choice person to make sure they’re up to the task before listing them in your documents. That way, no one is surprised with unexpected responsibility when you die. You also won’t have to redo your documents if you check to make sure the person wants the job before listing them.

How Can Boyum Law Firm help you?

Boyum Law can help you create estate planning documents that provide peace of mind. To contact Boyum Law, click here.

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What Is A Transfer-On-Death Title?

Estate planning provides a variety of options for passing assets on to heirs. Some people choose to utilize their last will and testament when leaving an inheritance. Others place assets in a living trust. There are benefits and drawbacks to using each document, but when it comes to passing down vehicles, the best document to create is a transfer-on-death title.

What is a transfer-on-death title?

A transfer-on-death title is a legal document. It uses beneficiary designations to pass the legal ownership of a vehicle from one person to another. Beneficiary designations pass an asset to a listed person, known as the beneficiary, when the original owner of the asset dies.

How do you create a transfer-on-death title?

The key to creating a transfer-on-death title is utilizing your vehicle’s certificate of title. Nebraska requires all vehicles driven on highways and roads to have a certificate of title unless otherwise specified. The owner of a vehicle obtains a certificate of title by filling out an Application for Certificate of Title after purchasing a vehicle. This document, which is available on the DMV’s website, serves as proof of ownership. The document includes a space for the vehicle’s owner to provide beneficiary designations. You can list up to two people as beneficiaries on the title. You also have the option to list a trust as a beneficiary.

What are the benefits of listing a beneficiary on the title?

Listing a beneficiary on a transfer-on-death title provides a variety of benefits. For example, listing a beneficiary on the title enables you to clearly dictate who you’d like to receive your vehicle when you die. This provides the benefit of making your last wishes well-known. It can also help prevent fighting among you heirs because it’s very difficult to argue over who should’ve received the vehicle when you die if there’s a beneficiary listed on the title.

Avoiding probate is the second benefit to creating a time-of-death title. The courts use probate to settle an individual’s estate when they die. Probate documents are public knowledge, so if privacy is a concern, you want to avoid the probate process, which beneficiary designations enable you to do.

For example:

John Doe owns a corvette. When he filed out his Application for Certificate of Title, he listed his grandson as the beneficiary. Two of John’s nephews were also interested in inheriting the vehicle, but it goes to his grandson because he was clearly listed on the title. John’s beneficiary designation helped avoid family warfare. His grandson and nephews cannot easily start a  legal fight over the vehicle since John has made the inheritance decision in advance.

How does the beneficiary claim the title?

When you die, your beneficiary can claim the title by filing paperwork at the DMV. They’ll need a copy of your death certificate to show proof of death, which can be obtained through the Nebraska Department of Health and Human Services’ website.  An Application for Certificate of Title is also required.

How can Boyum Law Firm help you?

To contact Boyum Law Firm for help with creating estate planning documents or with the probate process, click here.

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What Happens If You Die Without A Will In Nebraska?

As an estate planning law firm, Boyum Law strives to help others create documents that will provide peace of mind and clarity during life’s most difficult situations. Creating estate planning documents, such as a last will and testament, provides many benefits. These benefits include the ability to indicate in advance how you would like your assets distributed when you die. But what happens if you die without a last will and testament in Nebraska? How will your assets be distributed to heirs? The laws of intestate succession determine who gets what in Nebraska.

What is intestate succession?

Intestate succession is the process the court uses to pass on the assets of a deceased individual who died without a last will. Intestate succession laws exist in all 50 states. Without a will in place upon death, the state assumes how an individual would’ve divided up their assets. Not all of the deceased’s assets are subject to succession laws, though.

What assets are subject to succession?

A variety of factors affect which of the deceased’s assets are subject to the laws of succession. Assets that are subject to the law include items that would’ve needed to pass through probate even if the deceased had died with a will in place. This includes assets not listed in a trust, family heirlooms, and property. However, some items do not pass through intestate succession. Exclusions include:

• • Assets, such as retirement accounts, that name a beneficiary
  • Real estate held by a transfer-on death deed
  • Vehicles held by a transfer-on-death title
  • Property owned by a co-owner or in joint tenancy
  • Property listed in a living trust
  • Life insurance payouts

Examples of  assets subject to succession…

Joe Smith died without a last will. He left behind a variety of assets, including a truck held in a transfer-on-death title and some valuable art work. According to the laws of intestate succession, Joe’s truck is not subject to the probate process, so the laws of succession don’t affect it. It will pass down to his nephew, who he has listed on the transfer-on-death title. His art work, on the other hand, is subject to succession laws. The pieces are evaluated and cataloged with the estate’s other assets. Then, they’ll be distributed according to intestate succession.

What determines succession?

The living relatives of the deceased determine the succession of assets. Succession is different for everyone because it depends on a variety of factors, such as who survived the deceased. For example, Nebraska law says that a surviving spouse inherits all of the deceased’s assets if they are the deceased’s only surviving relative. However, if the deceased is also survived by a parent, the spouse receives the first $100,000 of the estate plus half of the remaining assets. The deceased’s parent receives the other remaining half. If the deceased is survived by their spouse plus children from a previous marriage, the spouse and children will split the estate’s assets in half. This Nolo article provides a more complete example of how intestate succession is effected by surviving parents, spouses, and children.

Examples of succession…

Jane Nelson died without a last will. Her husband and daughter are still alive. According to the laws of intestate succession, Jane’s husband inherits the first $100,000 of intestate property plus half of the remaining balance. Her daughter inherits the other half of the remaining balance.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with creating documents in advance to avoid the process of intestate succession. To contact Boyum Law, click here.

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How To Choose A Personal Representative

A personal representative, otherwise known as an executor, is the person responsible for handling your estate when you die. Handling an estate includes a variety of responsibilities, such as gathering and protecting the assets of the deceased and filing paperwork with the court. While no special skills are required to be a personal representative, choosing someone who fits the following criteria can help ensure a smoother probate process. Read on to discover what questions you should consider when choosing a personal representative.

Are they responsible?

When choosing a representative, it’s best to choose someone you know is responsible. Personal representatives are responsible for many tasks related to settling the deceased’s estate. This includes cataloging assets, settling debts and bills the deceased owed, and distributing property to heirs. Since the job comes with many responsibilities, you don’t want to choose someone who struggles to get things done. You need someone who is capable of keeping up with the work load and who is able to complete tasks in a timely manner. This will help to ensure your estate passes through probate smoothly.

How is their health?

The health of your personal representative is another factor to consider. You want to name someone who is in good health for two reasons:

• You need your representative to be healthy enough to complete all the required tasks.
• Naming a personal representative is only effective if they outlive you.

As previously discussed, representatives are responsible for many tasks. You want to choose someone who has the time and energy needed to get it all done. Additionally, you want to choose a representative in good health because naming a representative is only helpful if you precede them in death. If your representative dies before you, they’re not going to be around to shepherd your estate through the probate process. If your representative dies first, you need to update your documents and name a new person.

Are they impartial and thick-skinned?

Impartiality is an important characteristic for a personal representative to have. You want to choose a representative who is capable and comfortable with handing your final wishes. They also need to know you well enough to step in and make decisions on your behalf if needed. Additionally, distributing assets to beneficiaries is one of the tasks representatives are responsible for. The task will be easier on your representative if you’ve done some estate planning. However, even if you planned out in advance how you would like your assets distributed, there’s no guarantee things will go smoothly. This could cause your representative to deal with backlash from angry heirs. For this reason, you want your representative to not only be impartial, but thick-skinned as well.

Do you know all your options?

When it comes to choosing a personal representative, you have many options. You can choose a close friend, co-worker, or family member. Additionally, you can name more than one person and have co-representatives. There are benefits and drawbacks to each choice, which is why you should contact an estate planning attorney for advice.

How Can Boyum Law Firm help you?

Boyum Law Firm can help you and your family create estate planning documents and choose a personal representative. As an estate planning, probate, and Medicaid planning law firm, we can also help loved ones through the probate process. To contact Boyum Law Firm, click here.

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Getting a Divorce? Time to Update Your Estate Plan

An estate planning attorney usually isn’t the kind of lawyer you think about contacting when getting a divorce. With other legal matters to settle, contacting your estate planner and updating your documents is the last thing on your mind. Estate plan updates should be at the top of your to-do list, however. Here’s why:

A marriage is still a marriage

You and your spouse might consider yourselves as good as divorced but the law doesn’t agree. In the eyes of the law, a marriage is still a marriage until the judge signs the divorce decree. The legal status of your marriage effects your estate plan because your spouse is usually listed in a variety of places in the plan. For example, people often choose to list their spouse as their powers of attorney. If your plan isn’t updated to include new powers of attorney, your soon to be ex-spouse will still be listed. This could become problematic in the event you become incapacitated.

For example…

John is forty-five years old. He and his wife, Jane, are getting divorced. It’s been messy, and the two fight constantly. John slipped on a patch of ice, hit his head, and is currently incapacitated. John never updated his durable and healthcare powers of attorney, which is Jane. Jane is now in charge of John’s finances and making John’s medical decisions even though she is no longer the best person for the job. John would’ve rather had his sister listed as his healthcare and durable powers of attorney but hasn’t gotten around to updating his estate plan. Consequently, his estate plan is less effective at lessening the impact of his injury because the documents weren’t updated accordingly.

Financial Consequences

Not updating your estate plan when getting divorced can also have financial consequences. Couples in Nebraska with estate plans have some financial protection against divorce thanks to the law. Nebraska law provides a provision that revokes provisions in a will that favor an ex-spouse. This provision also comes into play if a couple is in the process of getting divorced or has their marriage dissolved or annulled. The law doesn’t cover all assets and finances, however. Assets outside of a will, such as trusts and bank and retirement accounts, need to be updated when getting a divorce. Otherwise your assets won’t be distributed correctly when you die.

For Example…

Linda was sixty-five years old. She was in good health but unexpectedly had a heart attack and died. Linda and her ex-husband, Steve, divorced six months ago. The divorce provision protects the assets listed in Linda’s will. Some of her other assets are not protected, however. In the divorce, Linda won the right to one of the couple’s retirement accounts. Linda planned to list a family friend as the beneficiary but never got around to updating the document. The document still lists Steve as the beneficiary. Steve inherits the account even though it’s not what Linda wanted. If Linda had updated her account’s beneficiary information post-divorce, the asset would’ve been distributed accordingly.

Contact Boyum Law Firm

For help with creating or updating estate planning documents, contact Boyum Law Firm here.

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Harper Lee’s Last Will Released by Alabama Court

An Alabama court unsealed author Harper Lee’s last will and testament in February, according to this New York Times article. Lee’s will was previously private thanks to her long-time lawyer, Tonja B. Carter. Carter, the executor of Lee’s estate, went to court in 2016 to have the will sealed because of privacy concerns. This was an usual legal move because wills are filed in probate, which makes them accessible to the public. The New York Times’ lawyers pointed this out in the lawsuit they filed to access the document. The estate withdrew its opposition a few weeks ago, and the document became accessible to the public.

Unfortunately, Lee’s will didn’t reveal much about who got what since the majority of her assets were transferred into a trust she formed in 2011. Trust documents are private, so unlike Lee’s will, a case cannot be made to have it unsealed. Many questions have been raised about the privacy-loving author, such as who received her literary works when she died? Why did she wait so long to publish her second book about the Finch family? Was she competent when she signed her revised will eight days before she died? Answers were not found in her will, but here is what is known about the world renowned author:

Who was Harper Lee? An Overview

Harper Lee was a Pultizer prize-winning author. Her first published novel, “To Kill a Mockingbird”, highlighted racial preuidecs in the South. It was a huge hit and is still read today. In fact, more than 40 million copies of the novel have been sold, and it is still taught in schools. After her initial success, Lee stayed dormant as a writer for years. Her second novel, “Go Set a Watchman”, a sequel to her first, wasn’t published until 2015. Lee never married or had children. She died in her sleep at the age of eighty-nine on February 19, 2016.

Publishing Controversies Surrounding Lee

Lee was in the middle of a variety of publishing controversies throughout her life. One of the main conflicts arouse between Lee and her childhood friend, Truman Capote. Lee helped Capote write “In Cold Blood”, a novel about the Clutter family murders in Holcomb, Kansas. Capote included Lee in the book’s dedication, but didn’t credit her for her work on the book. This led to hurt feelings, though the two remained friends for life. Another controversy surrounding Lee relates to a lawsuit she filed in 2013 against Samuel Pinkus, a literary agent. Lee said in 2007 that Pinkus attempted to “dupe” her out of royalties for “To Kill a Mockingbird”. The parties reached a settlement in 2013. Finally, and perhaps most famously, controversy arouse out of the publication of Lee’s second novel, “Go Set a Watchman”.

Lee actually wrote “Go Set a Watchman” before “To Kill a Mockingbird”, but was asked to rewrite the novel by her publisher. This is how “To Kill a Mockingbird” came to be. Years passed and “Go Set a Watchman” was thought to be lost, but was discovered in a safe deposit box by Carter, Lee’s aforementioned lawyer. HarperCollins announced the book would be published on July 14, 2015, but many questioned the decision because Lee’s health was declining. In response to the questions, Lee said through Carter that she was “alive and kicking and happy as hell with the reactions” to the announcement. However, Lee’s reassurance didn’t put an end to doubts, especially because her sister, Alice, wrote a letter claiming Lee “would sign anything put before her.” Alabama officials did investigate the case and found no evidence that Lee was coerced. “Go Set a Watchman” was published as planned.

Honors and Awards

Besides receiving a Pultizer prize for her work, Lee was also awarded the Presidential Medal of Freedom by George W. Bush in 2007.

To contact Boyum Law Firm for help with estate planning documents, click here.

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Estate Planning Documents for Medical Emergencies

Life and its challenges are unpredictable, which is why it’s a good idea to prepare for the worst and hope for the best. A great way to make sure you have a plan in place for when life’s worst-case scenarios strike is to create estate planning documents. When it comes to planning for something as unpredictable as medical emergencies, the best documents to create are a health care power of attorney and living will.

What is a health care power of attorney?

A health care power of attorney is an estate planning document used to prepare for worst-case medical scenarios. This document authorizes someone to make health care decisions on your behalf in the event you become incapacitated.

What are the benefits of having a health care power of attorney?

The main benefit of having a health care power of attorney is the document’s ability to prevent conflicts. If a person becomes incapacitated, their loved ones may have different ideas on what decisions the person would have made for themselves in their situation. This could lead to arguments or a court case in order to determine who has the right to make medical decisions for the incapacitated person. Having a health care power of attorney makes an already difficult situation easier by clearly granting the decision making power to a predetermined person.

For example…

Jane is 35 years old. Yesterday, she was in a car accident and is currently incapacitated. She doesn’t have a health care power of attorney. Jane’s fiance, John, wants to make medical decisions on her behalf. Her parents also want to make the decisions for their incapacitated daughter. So, who has the right to make Jane’s medical decisions? John and Jane’s parents go to court to find out. They no longer speak to each other because of the conflict created by Jane’s lack of a health care power of attorney document. It’s family warfare, which could’ve easily been prevented with a little estate planning.

What is a living will?

A living will is an estate planning document. It’s used to express if and when you would or would not like life-sustaining measures taken on your behalf. It’s a way for a person to express what they want in advance of a medical emergency. Unlike a health care power of attorney, this document does not give someone the authority to make decisions for you.

What are the benefits of having a living will?

Creating a living will provides a variety of benefits in the event of a medical emergency. For example, a living will enables you to predetermine what you’d like to happen in the event you need life-sustaining care. If you make important decisions about life-sustaining care in advance, your family won’t have to make the decision for you if something happens. This helps to prevent family conflict and turmoil.

For example…

Dan is a 30-year-old man. He’s young, so he’s never considered the possibility he could need life-sustaining care. Dan was in a skiing accident. He does not have a living will in place. As of right now, Dan needs life-sustaining care, but his parents are unsure if he would’ve wanted to receive the care. They’re hesitant to make a decision. If Dan had a living will in place, his parents would’ve known what kind of care he would’ve liked to receive in the event he needed artificial means, such as a respirator, to stay alive. Then, they wouldn’t have to make the decision for him.

How can Boyum Law Firm help you?

Medical emergencies are unpredictable. However, you can lessen the impact life’s worst-case scenarios will have on you and your family by creating a health care power of attorney and living will. To contact Boyum Law Firm for help with creating these two estate planning documents and more, click here.

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Social Media Part Two: Removing The Deceaseds’ Accounts

A total of sixty-nine percent of people living in the U.S. have at least one social media account, according to a recent Pew Research Center study. This begs the question: What happens to a person’s social media accounts when they die? It turns out, family members and friends of the deceased typically have two options when it comes to handling the deceased’s accounts. They can either be deactivated or memorialized. Last week’s post discussed how to deactivate or memorialize a deceased person’s accounts on Facebook and Instagram. These two social media platforms are the most popular, according to the Pew study. The third and fourth most frequently used platforms weren’t far behind in popularity, though. For this reason, we’ve added part two to our social media how to post. In this week’s addition to last week’s post, we discuss how to deactivate or memorialize a deceased family member’s Pinterest and LinkedIn accounts.

Pinterest

 

Pinterest is the third most popular socia media platform in the U.S., according to the Pew study. A total of twenty-nine percent of adults in the U.S. have an account and can pin posts to their boards to their hearts content. The process of removing a deceased individual’s Pinterest account is straightforward and similiar to the removal process for Facebook and Instagram. Unlike Facebook and Instagram, however, memorializing a Pinterest account is not an option. Using this link, you can send an email to care@pinterest.com to start the process for removing a deceased individual’s Pinterest account. The following information should be included in the email:

1. First, include your full name as well as the full name of the deceased.
2. Include a link to the deceased’s account. (Example: pinterest.com/JaneDoe)
3. Next, include proof of death, such as a link to an obituary or a copy of the deceased’s death certificate.
4. Send proof of your relationship to the person, such as a marriage certificate, birth certificate, or notorized proof of relation.
5. Finally, hit send.

 

It’s important to note that Pinterest cannot provide an individual’s login information to another person. This shouldn’t be a problem when deactivating an account, though. All you need is a link to the person’s page, which you can view by searching for their profile here: https://pinterest.com/all/.

LinkedIn

 

LinkedIn is the fourth most popular social media platform in the U.S. A total of twenty-five percent of adults have a profile on the networking platform’s website. Similar to Pinterest, you cannot memorialize a LinkedIn account. Using this link, you can deactivate an account of a deceased person. To fill out the form, complete the following steps.

1. First, fill in your first name, last name, and email address.
2. Next, add the deceased’s full name as well as a link to their profile.
3. Select your relationship to the deceased from the answers provided. Options include immediate family, extended family, and non-family.
4. Add additinal information about the deceased, including the date they passed away, a link to their obituary, and any extra information you’d like to include.
5. Finally, type your full name into the box to give a digital signature. Hit submit.

 

No additional information is needed to submit a request for removal to LinkedIn.

To contact Boyum Law Firm for help with estate planning, click here.

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Social Media How To: Removing The Deceaseds’ Accounts

Pew Research Center recently published a study  on the amount of Americans using social media. The study found a whopping sixty-nine percent of people in the U.S. have at least one type of social media account. Even older adults are in on the trend, but what happens to a person’s photos, pins, likes, and hashtags when they die? Can family members remove the deceased’s account? It turns out, family members can do that and more since keeping the accounts for memorial purposes is an option as well. In this post, we will discuss how to remove or memorialize the Facebook and Instagram accounts of a deceased loved one.

#1: Facebook

 

Facebook is the most widely used social media platform in the U.S., according to the Pew study. Luckily, the site’s removal process is fairly straightforward and easy to find on the web. Using this link, you can fill out a form to request the removal or memorialization of a medically incapacitated or deceased person’s account. Use the following steps to complete the form.

1. First, enter your full name as well as the name of the person’s account you are trying to remove.
2. Next, enter the URL of the person’s timeline as well as the email address tied to the account. You can copy and paste the URL when visiting their page.
3. Finally, select whether you would like the account to be deactivated or memorialized. You can also make a special request or ask a question. Then, hit send.

 

There are a few important things to note about the removal process for a Facebook account. One, Facebook cannot provide anyone with another person’s login information. This could become a problem if you don’t know the deceased’s user email for the account. Two, Facebook has to verify that you are a family member of the deceased or the executor of their estate. This verification step helps to prevent people from deactivating a living person’s account.

#2: Instagram

Instagram has been steadily growing over the last few years. As of 2018, it’s the second most popular social media platform with a total of thirty-five percent of U.S. adults owning an account. The process of removing an Instagram account is very similar to the process of removing a Facebook account. Using this link, you can fill out a form to have a deceased family member’s account deactivated. Use the following steps to complete the form.

1. Enter your full name and email address.
2. Next, enter the name of the deceased. Copy and paste the URL of their account, and include a link to their account.
3. Enter the date he or she died and provide proof that you’re a family member. A copy of the deceased’s death certificate, birth certificate, or proof that you are a representative of their estate is required.
4. Finally, type in any comments or additional information. Hit send.

 

The Instagram removal process also has some additional information worth knowing. The process for memorializing an Instagram account is the same as removing it. However, the form is under a different link, which can be found here. Proof of death, such as a link to the deceased’s obituary, is still required for memorialization. Instagram’s website says the platform tries to prevent memorialized accounts from appearing in a way that would be upsetting to the deceased’s friends and family. Similar to Facebook, the deceased’s login information is protected and cannot be given out.

To contact Boyum Law Firm for help with creating estate planning documents, click here.

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