Why Pre-Plan
Peace Of Mind
While we may not be able to predict what lies ahead, we can take steps to ease the burden on our loved ones during difficult times.
Planning a funeral in advance is a heartfelt gift that shows your love and care, providing comfort and support when it's needed most.
Plan Ahead
Advantages of Pre-Planning
Your Family
Spare them the numerous decisions at an emotionally difficult time when reason is clouded, leading to emotional overspending and regrettable choices.
Peace Of Mind
Spare them the numerous decisions at an emotionally difficult time when reason is clouded, leading to emotional overspending and regrettable choices.
An Inflation Proof Plan
Allocating funds for your pre-arranged services shields you from the naturally rising costs of the funeral industry, ultimately saving you money.
Your Family
Spare them the numerous decisions at an emotionally difficult time when reason is clouded, leading to emotional overspending and regrettable choices.
Peace Of Mind
Spare them the numerous decisions at an emotionally difficult time when reason is clouded, leading to emotional overspending and regrettable choices.
An Inflation Proof Plan
Allocating funds for your pre-arranged services shields you from the naturally rising costs of the funeral industry, ultimately saving you money.
Why Pre-Plan with DeJohns?
Recording your wishes is FREE, no membership fee or filing charges. We want to be your steadfast partner in helping give your loved one peace.
Experience the feeling of home at any of our four locations or in the comfort of your own space. We’re here to assist in exploring your options for pre-arrangements, wherever you prefer.
Our reputable brand and exceptional services are essential. With a team of highly qualified and experienced staff, convenient central locations, modern facilities, and ample parking, we ensure a seamless experience for everyone attending our services.
"
Our mother did pre-planning at DeJohn’s...she passed...we were able to honor my mother’s every wish for the wake and funeral...
"
" Our mother did pre-planning at DeJohn’s...she passed...we were able to honor my mother’s every wish for the wake and funeral... "
Google Review by a grateful loved one
DeJohn Funeral Homes collaborates with Global Atlantic Financial Group to offer preneed life insurance, which is protected by state and federal regulations. You can choose to pay in full or take advantage of a flexible payment plan option.
Meaningful Services
A funeral is so much more than a way to say goodbye; it’s an opportunity to celebrate the life of someone special.
Today, a funeral can be as unique as the individual who is being honored. From simple touches like displaying personal photographs to events created around a favorite pastime, funerals can reflect any aspect of a person’s life and personality.
Following are questions you can use to help you decide how to personalize a service:
What did the person like to do?
What was the person like as an individual?
What was the person like as a professional?
Was the person spiritual?
Was the person proud of their heritage?
For additional ideas on personalizing a funeral, please contact your funeral director.
What did the person like to do?
Often people have hobbies that become more than just a casual pastime. Their activity could have been as much a part of who they were as their smile. Why not showcase that important part of their life during the funeral?
Incorporating a hobby can be as simple as:
Displaying items used for their hobby; e.g. sports equipment, gardening tools, or collections.
Personalizing the casket or urn with a symbol of their hobby.
Displaying trophies or awards they won.
Creating a picture board or presentation featuring pictures of them engaged in their hobby.
Having someone speak about the person’s passion for the hobby.
By adding these or other personal touches to a funeral, the service becomes a reflection of the person’s life and personality.
What was the person like as an individual?
One way to enhance a funeral is by bringing a piece of the person’s personality to life. Consider what made that person special, what made them who they were? Then find ways to link their individuality to traditional aspects of a funeral service.
As an example, an avid cowboy or cowgirl may want to ride of into the sunset one last time. Tasteful ways to honor their wish include:
Using a covered wagon rather than a hearse
Having their saddle and riding equipment displayed
Playing western music
Having their horse walk in the procession
Having a barbecue after the service
Other themes you may want to consider:
Military honors for a member of the armed forces
Tailgate party for a sports enthusiast
Harley-Davidson rally for the Harley owner
What was the person like as a professional?
Many people take great pride in their career. Perhaps they dedicated a lifetime to a profession that transformed into more than just a job. If this holds true for your loved one, you may want to consider ways to include their professional life into their funeral service.
Following are two examples of how you could incorporate a profession into a service:
For a teacher:
Have the choir or band from the school perform during the visitation or service.
Encourage students to write essays about the person, which could be displayed.
Invite a past student to speak at the service.
For a fire person/police officer:
Incorporate any honors or traditions that their department has established.
Use fire trucks or police vehicles in the procession.
Have bagpipers play at the visitation or service.
Display their uniform and equipment.
Was the person spiritual?
Through organized religion or personal beliefs, most people have some sense of spirituality in their life. Often those values are from the very core of who the person was in life. Therefore, you may feel it is important to incorporate the individual’s sense of spirituality into their funeral service.
Following are ideas on how to incorporate spirituality into a funeral service:
Hold the service at the person’s parish or religious facility.
Have someone read excerpts from a key religious publication (i.e. Bible, Koran, etc.).
Decorate the funeral home with symbols of the person’s faith.
Have the person’s cremated remains scattered at a place of spiritual significance to them.
Read a prayer that touches on their key beliefs.
Include sacred music from the religion in the service.
Important Documents
Gathering Important Data
Locate as many of the following documents as possible: Wills, Deeds, Bank Books, Stock Certificates, Military Discharge Papers, Social Security/Insurance Card, Tax Forms, Vehicle and Boat Titles, Insurance Policies, etc.
Executors
Your executor has full resposiblility with regards to your funeral arrangements. If so desired your executor can change anything with reference to those arrangements. This is the person all funeral homes take direction from.
Since your Personal Representative is given access to all property in the probate estate, the selection of a competent and trustworthy person is very important. It is wise to nominate someone who has business experience, intelligence, and the utmost integrity and honesty to serve as your Personal Representative. Your nomination of Personal Representative, (along with Alternatives who are asked to serve in the event that the prior nominee is unwilling or unable to act), should appear in your Will. This is your chance to tell the court whom you think is best to do this job for you (since you can’t speak to the court in person).
Most jurisdictions require the Personal Representative to post a surety bond covering their actions. This requirement can be waived if your Will states that you want your nominated Personal Representative to serve without bond.
What is an Executor?
What are the responsibilities of the executor?
Does the executor have to serve?
Who can be appointed an Executor of my Will?
Does the executor get paid?
Question #1 What is an Executor?
Answer: The Personal Representative of your estate (also commonly referred to as an administrator or executor) is responsible to gather and inventory all of your property at the time of your death, determine all your outstanding debts, pay all of your legitimate debts and then distribute the remaining property in accordance with the instructions provided in your Will.
The Personal Representative is appointed as part of the probate proceeding and has the responsibility for guiding your property through the proceeding, subject to established probate rules and procedures. In many areas, the court has a considerable amount of control over the activities of the Personal Representative, and prior permission of the court is required for the Personal Representative to take action with respect to property in the probate estate.
Question #2 What are the responsibilities of the executor?
Answer: The following are some of the general responsibilities of the executor in taking charge of the assets of the deceased, paying the debts, and distributing the assets to the beneficiaries. This list is not intended to be complete but does indicate the type of issues. Your lawyer will provide you with a complete list.
Ensure that all the real property is protected, including arranging of necessary fire insurance on buildings, changing locks to protect assets
Locate safely deposit boxes and attempt to locate the key.
Selecting the lawyer to act for the estate and obtaining from them notarial copies of the death certiciate. Choose a lawyer who has extensive experience in Wills and Estates work. Pick an accountant to assist you if your lawyer suggests this is appropriate. Discuss the lawyers and accountants fees and disbursements right up front.
Locate all life insurance policies and notify the insurance company of the death and forward a copy of the death certificate to have the policy paid to the beneficiary.
Notify all insurance companies including house insurance and car insurance of the death. Ensure that insurance is maintained make a list of all the assets and including stocks, bonds, pension funds, bank accounts, government investments, superannuation payments, holiday pay from work, work related life insurance or benefits for the spouse etc.
Are there any interests in partnerships or companies and locate shareholders and partnership agreements and provide a copy to the lawyer for his examination. (there may be triggering clauses in those agreements that must be met quickly)
In conjunction with discussions with the spouse,
Locate the previous several year’s income tax returns and provide copies to the lawyer or tax accountant. These must be reviewed quickly to ensure that no filing dates are missed. Government tax authorities do not care that the person is deceased. The executor may be personally liable for any tax penalties that are incurred because filing dates are missed.
Pay the account of the funeral director. Your lawyer will tell you the priority of paying debts, but normally the funeral directors account is to be paid before most other debts.
Make a list of all debts. This will include accounts for charge cards, house utilities, property tax arrears, income tax arrears, loan payments, outstanding leases, mortgages on house or vehicles, alimony or prior separation agreement. Provide this list and supporting documentation to the lawyer.
Once all the assets have been located and the debts paid (including the account of the executor) then the estate will be disbursed in accordance with law and the terms of the Will.
You will need to advertise for creditors in the local newspaper to ensure that all the debts are known and paid.
Your lawyer will advise whether any court proceeding is required regarding the Will. This is called filing for Probate. Often if there is adequate tax advice at an earlier date, the requirement for Probate can be avoided. This will save the estate considerable money.
You will need to notify the beneficiaries about their bequest and provided there is money left after the payment of all debts, the beneficiaries will receive their money or assets from you as Executor of the estate.
You may need to open up a Bank Acocount in the name of the Estate at your local bank using a notarial copy of the Will (or Probate if required) together with a copy of the death certificate. Use a chequing account that you receive the cheques back so you can verify that you paid the funds if required at a later date.
Question #3 Does the executor have to serve?
Answer: No, it is your choice to serve or decline to serve. If you choose to serve as Personal Representative (Executor) you can later resign, although you may have to provide an “accounting” for the period you served. If you decline to serve, or resign after serving, the alternate Executor named in the Will typically is then appointed by the probate court.
If no alternate is named in the Will, or the named alternates die or are unwilling to serve, or a person dies without a Will, the probate court will appoint someone to serve.
Unless local laws require that another family member or beneficiary wishing to serve be appointed, and such family members or beneficiaries are qualified, willing to serve and readily available, it is not unheard of for a probate court to select a “political crony” or a trust company that has made contributions to the judge of their political party to serve as the Personal Representative as the fees sometimes can be quite lucrative.
Question #4 Who can be appointed an Executor of my Will?
Answer: Probably the most important qualification for an executor is to ensure that the person that you select to be your Executor under your Will be blessed with common sense and a sense of fairness in following through the obligations that the executor has under the Will.
As some jurisdictions have residency qualifications for the Executor, you may wish to ensure that you select as executors for your Will people who reside in the state where you live.
If you have made provision that the Executor is to make payments to the Trustees for any minor children or grandchildren, then this obligation may continue for many years. As these are on-going obligations under the trust provisions in the Will make sure that the executors are not too elderly. You do not want the executors to decease before the estate is administered and closed.
The naming of an executor under the Will does not mean that the nominated person must act. This person may decline to act, as an executor. To protect the estate make sure that you have a back-up executor named in the Will. Typical, wording is as follows: “In the event that John Smith neglects or refuses to act as my executor then I nominate John Adams as my executor.” There is no magic in the wording as long as the intent is clear.
Often an accountant, financial advisor, or lawyer is also nominated as a second executor. This joint executor ensures that there is a solid degree of competence and experience which is especially important if there are substantial assets involved or Trusts to be administered.
Question #5 Does the executor get paid?
Answer: Yes. In addition to all out-of-pocket expenses in managing and settling the estate, Personal Representatives (executors) generally earn a fee of about 2% of the probate estate for their work. (This varies moderately in jurisdictions and generally decreases as a percentage as the size of the estate increases).
All fees and reimbursed expenses are subject to court approval. The court in cases of unusually difficult or extraordinary circumstances may allow additional fees. On the other hand, if a Personal Representative is derelict in duty, the court may reduce or deny compensation, and the Personal Representative may be held responsible for any damages they caused.
If a person is both the sole beneficiary of the estate, and the estate is not subject to Federal Estate Tax, it usually does not make sense to take any fees as all fee income is subject to Income Tax. (The money a beneficiary receives from the estate is income tax free).
Questions About Wills
Though most people are aware that they need a will, the majority — about 70% of us — don’t have one. People procrastinate for many reasons, but it’s important to know that writing a will doesn’t have to be complicated or expensive. And once it’s done, you can rest a little easier, knowing that your wishes will be followed after your death.
What is a will?
What if I don’t have a will?
Making your Will
Do I need a lawyer to make my will?
What makes a will legal?
Do I need to file my will with a court or in public records somewhere?
Where should I keep the will?
What is the basis for a will to be contested?
Children with Special Needs
Choosing a Guardian
Question #1 What is a will?
Answer: A Will is a document that is created to help make your loved ones decision at the time of death. The Will contains important direction as to your wishes for your funeral. It can also contain your direction on dispersing the estate amongst your loved one.
Your Will can also help to name someone to be left in charge of your children if something was to happen to you. This very important when their are enfants or young children involved in the family.
The Will also simplifies the legal process for the lawyer which will result in minimizing the legal costs that your family will encounter.
One of the most important aspects of the Will is that it will prevent Family bitterness. Your Will will help guide your family through all aspects of the Death Process
Question #2 What if I don’t have a will?
Answer: There is no specific person responsible for making your funeral arrangements. This can make co-ordination of funeral details very difficult and often leaves hurt feeling if everyone does not agree.
If you die without a Will, you have died in testate. Your property must go through the probate process in order to have the legal title to the property transferred to your heirs at law. Applicable state or provincial statutes define your heirs at law. The law of the state or province where you live controls the distribution of your personal property.
The rules for determining who gets property distributed from an in testate estate have many variations. Subtle differences between the rules can have a material effect on who inherits when there is no Will.
An example of an in testate estate distribution rules, taken from the community property is:
– if married, the spouse gets 100% of the community property, but only one-third or one-half of the separate property left, as children, parents, and any issue of children or parents, can share in the distribution.
– If married (this includes widows and widowers), the property is distributed to relatives in the following order:
All to your issue ? your children, grandchildren, great grandchildren, etc., if there are any. If none, then
All to your parents (equally), or to the surviving parent, if any. If none, then
All to the issue of your parents (your brothers and sisters, then your nieces and nephews, etc). If none, then
All to your grandparents (equally) or the surviving grandparent, or the issue of your grandparents (your aunts and uncles, then your cousins, etc.). If none, then
All to the issue of any predeceased spouse (your step-children). If none, then
All to your next of kin. If none, then
All to the parents of a predeceased spouse (your mother- and father-in-law), or the issue of the parents of the deceased spouse (your brothers- or sisters-in law). If none of the above exist, then
All to the State of California
In addition, in common with many other states, California has many special rules that apply to widow/ers, half-siblings, children born out-of-wedlock, foster and step-children.
Question #3 Making your Will
Answer: Making a will that will accomplish what you want it to isn’t nearly as complicated as many people fear. There are just a few simple rules; follow them and your wishes will be carried out.
Age: To make a will, you must either be at least 18, or an “emancipated” minor.
Mental State: You must be of “sound mind” to make a valid will. It’s not a rigorous requirement. The standard interpretations require that you:
know what a will is and that you’re making one understand the relationship between yourself and those persons who you would normally provide for, such as a spouse or children understand what you own, and be able to decide how to distribute your property.
Question #4 Do I need a lawyer to make my will?
Answer: Probably not. Making a will rarely involves complicated legal rules, and most people can draft their own will with the aid of a good self-help book or software program. You just need to know what you own, whom you care about, and have a good self-help resource to guide you.
But if you have questions that aren’t answered by the resource you’re relying on, a lawyer’s services are warranted. Even so, you don’t have to turn over the whole project; you can simply ask your questions and then finish making your own will.
Question #5 What makes a will legal?
Answer: Any adult of sound mind is entitled to make a will. (And if you’re reading this article, you’re of sound mind.) Beyond that, there are just a few technical requirements:
The will must be typewritten or computer generated (unless it is a valid handwritten will, as discussed above).
The document must expressly state that it’s your will.
You must date and sign the will.
The will must be signed by at least two, or in some states, three, witnesses. They must watch you sign the will, though they don’t need to read it. Your witnesses must be people who won’t inherit anything under the will.
You don’t have to have your will notarized. In many states, though, if you and your witnesses sign an affidavit (sworn statement) before a notary public, you can help simplify the court procedures required to prove the validity of the will after you die.
Question #6 Do I need to file my will with a court or in public records somewhere?
Answer: No. A will doesn’t need to be recorded or filed with any government agency, although it can be in a few states. Just keep your will in a safe, accessible place and be sure the person in charge of winding up your affairs (your executor) knows where it is.
Question #7 Where should I keep the will?
Answer: Most States in the United States and Provinces in Canada do not have a government department in charge of a general repository for Wills. Most wills are retained either by the law firm who prepared the Will or at the residence of the person who made the Will.
Most law firms that hold the Will will keep the Will in safe keeping free of charge. The Will can be picked up by you at any time or the law firm willl send the Will to you upon receiving a written letter to this effect from you or your executor upon your death. This is a relatively safe procedure. You should verify however, in what manner are the Wills stored, that is, whether the Wills are stored in a Vault or in a filing cabinet at the law firm. Your decision should be governed accordingly.
We at DeJohn-Flynn-Mylott Funeral & Crematory recommend that you do not leave the Will at your residence. Not only is it susceptible to theft, but in the event of a fire, you and your Will are unavailable. This is clearly not what you intend. We also do not recommend that you keep your Will in a safety deposit box, as in some states the safety deposit box is sealed at the time of death. Keep the Will in any other secure place and ensure that your executor is aware of its location.
Question #8 What is the basis for a will to be contested?
Answer: Most of the challenges to invalidate Wills are by potential heirs or beneficiaries who got little or nothing. Questions on the validity of a Will must be filed in probate court within a certain number of days after receiving notice of the death or petition to admit the Will to probate.
The typical objections:
The will was not properly drawn, signed or witnessed, according to formal requirements
The decedent lacked mental capacity at the time the Will was executed
There was fraud, force or undue influence; or
The will was a forgery.
If the Will is held invalid, the probate court may invalidate all provisions or only the challenged portion. If the entire Will is held invalid, generally the proceeds are distributed under the laws of intestacy of the probating state or province.
Needless to say, if there is even the possibility of a Will contest, an experienced probate lawyer is a must.
Question #9 Children with Special Needs
Answer: If you have a child with special needs, ensure that you relay this information to your lawyer. You may wish to set aside a sum of money to deal with this issue. This is often addressed in the Will by establishing what is known as a Trust Fund. After the payment of all debts, the Trustee who is appointed under the Will to receive funds will be directed to use a certain amount of money from the Estate for the “special needs” person who is referred to as the Beneficiary. It is very important when a Trust Fund is established under a Will that you receive competent legal advice. The amount of the Trust Fund may be large if the child is to be looked after for an extended period of time. You must be sure that the Trustee, (the person who administers the Trust), is not only trustworthy but not of an age that the Trustee will likely predecease the Beneficiary. The Trust must have a provision for the replacement or addition of other trustees over time, if required.
Question #10 Choosing a Guardian
Answer: If you have young children, you should choose a personal guardian — someone to raise them in the highly unlikely event you can’t.
If your children are young, you’ve probably thought about who would raise them if for some reason you and the other parent couldn’t. It’s not an easy thing to consider. But you can make some simple arrangements now that will allay some of your fears, knowing that in the highly unlikely event you can’t raise your kids, they will be well cared for.
All you need to do is use your will to name the person you want to be the “personal guardian” of your children if one is ever needed. Then, if neither you or the children’s other parent can raise them and a court must step in to appoint a guardian, the judge will appoint the person you nominated in your wills (unless, for some reason, it is not in the best interests of your children).
If you don’t name a guardian in your will, anyone who is interested can ask for the position. The judge then must decide, without the benefit of your opinion, who will do the best job of raising your kids.
