Estate plans can involve much more than simply dictating what to do with your assets when you pass on. A complete estate plan can reflect a person's core religious beliefs if they choose. Whether those core beliefs relate to specific burial methods and services, concerns over particular medical procedures and related decisions, or methods of distribution of assets, people who follow specific religious practices should ensure they have an estate plan that protects and reflects their religious beliefs and values.
Although not all people wish to include any religious beliefs or are members of a faith that does not include specific guidance, those who are members of such faiths risk failing to follow those guides and beliefs if their estate plan is not properly created.
Lack of incorporating a person's closely held beliefs into an estate plan often proves traumatic for their family. Too often when people are in a position of making medical decisions on another's behalf, they lack guidance to help understand what that person may have wanted or what their religion requires. A family of mixed faiths may not understand that person's specific beliefs, leading to arguments over what should be done. Without a directive explicitly stating such faith-based decisions, a doctor in an emergency may perform a procedure that goes against the person's beliefs only to be realized later. A funeral may take place in a manner contrary to the person's wishes, or a burial outside of their faith's designated cemetery. Without guidance in the person's estate plan, what they hold dear in life may not be remembered once they pass on or, worse yet, not followed at the most crucial of times.
Faith-based estate planning also includes other opportunities for the person to pass on their beliefs to their family. For example, there is a growing trend to include in an estate plan what is known as an "Ethical Will". Ethical Wills originated from the Jewish faith centuries ago and have in the past several decades been adopted and become popular amongst people of other faiths. An Ethical Will is a statement of the person's beliefs, their hopes for future generations to follow certain practices and choices, and an excellent way for their family to remember them by what they followed in life. Ethical wills are not legally binding; however, they are an opportunity to pass on what a person hopes they are remembered by most after they are gone and provide values they hope their family follows.
At Groneman Law Firm, we take our clients' beliefs seriously and strive to reflect those beliefs in our estate plans. To that end, we take every effort to connect with local religious leaders to learn more about different religious beliefs and better understand our clients' needs. With that experience, we can guide our clients who wish to incorporate certain beliefs into their estate plan and ensure they are protected and passed on. We do not give religious advice or guidance to our clients. We do, however, strive to educate ourselves to understand and reflect our clients' wishes and, whenever appropriate, connect with clergy to help our clients have peace of mind knowing their beliefs will not be ignored or forgotten.
A special thanks to Father John Evans of the Catholic Diocese of Salt Lake, Father Simeon of the Greek Orthodox Church of Greater Salt Lake, and Rabbi Sam Spector of the Congregation of Kol Ami Jewish Synagogue in Salt Lake City, for their willingness and time spent to help us better understand more of their beliefs and practices to better serve our clients. We are truly grateful for their wisdom and openness to teach us.