Kentucky Estate Plans Should Take Into Account Your Religious Beliefs

Generic estate planning documents are unlikely to directly address an individual’s religious beliefs.

Yet, many people hold religious beliefs that materially affect estate planning.

Most generally, a recital may be used to help align the actions and thoughts of fiduciaries with the beliefs in question.

Healthcare plans should be consistent with your religious beliefs.

Minor Children

Religious beliefs can heavily influence issues pertaining to a guardian’s raising of children and parameters surrounding a trustee’s distribution of assets to beneficiaries.

These issues are less of a concern if a guardian or trustee maintains the same religious beliefs, but this is not always possible.

Any conflicts existing between parental beliefs should be addressed.

Some of the above can be addressed with non-binding letters or by bifurcating fiduciary roles. For instance, a trust protector may be knowledgeable on religious matters but lack the skills or desire to serve as trustee.

Postmortem Issues

Postmortem issues to consider include organ donation, funeral services, and the final disposition of remains.

Other Issues

Several other issues can be of primary importance. First, some religious beliefs mandate various charitable giving and inheritance requirements.

Next, when and how the charging of interest is permissible is viewed differently by different religions. This should be accounted for in any fiduciary position when money is being managed.

Finally, consider stating that dispute resolution pertaining to clauses drafted for religious beliefs should be resolved under religious, not secular law.