A letter of intent is not a legal document — it won't be filed with any court, and it doesn't create any enforceable rights. But it can make your estate plan substantially more useful by giving your family the practical information they'll actually need when it's time to act.
What a Will and Trust Don't Cover
A well-drafted will or trust handles the legal transfer of assets. It names beneficiaries, appoints fiduciaries, and sets out the terms of distribution. But it typically doesn't tell anyone where to find the accounts, who the estate's attorney is, what the recurring bills are, or why certain decisions were made.
That's where a letter of intent fills the gap. It's a personal document — written in plain language — that gives your executor, trustee, or family members the context and practical details they need to carry out your plan effectively.
What to Include
A letter of intent can cover a wide range of practical information, including:
- Important contacts — estate planning attorney, financial advisor, accountant, insurance agent
- Account locations — where accounts are held, approximate balances, online access information (stored securely)
- Personal property preferences — guidance on items that may have sentimental value but aren't specifically addressed in the will
- Guidance for the trustee or executor — background on the family situation, the reasons behind certain decisions, any information that will help them act as you would have wanted
- Ongoing obligations — recurring bills, subscriptions, loans, or other items that need to be managed or cancelled
- Funeral or end-of-life preferences — if not documented elsewhere
What It Is Not
A letter of intent is not legally binding. An executor or trustee is not required to follow it, and it does not override the terms of a will or trust. If there is a conflict between the letter and a legal document, the legal document controls.
This is important to understand: for anything that truly matters legally — who gets what, who is in charge, what happens under specific circumstances — those decisions belong in the formal documents. The letter of intent handles everything else.
A letter of intent fills the gap between your legal documents and the practical realities your family will face.
Call to discuss how to make your Florida estate plan as complete and useful as possible.
Keeping It Current
The value of a letter of intent depends entirely on whether it reflects your current situation. Account information changes, advisors change, and circumstances evolve. A letter that hasn't been updated in several years may provide outdated or misleading information at a critical time.
Treat the letter of intent as a living document. Review it whenever you update your estate plan, change advisors, or experience a significant life change. And make sure at least one trusted person knows it exists and where to find it.
Arrieta Law can help you think through what to include in a letter of intent as part of a complete Florida estate planning review.