Tag Archives: will

Who makes decisions if your divorce is not finalized?

I came across a blog the other day that made a very important point. If you are in the process of divorcing and have a medical emergency, who will make decisions on your behalf?

When Lamar Odom was recently found unconscious in a Nevada brothel and was rushed to the hospital, who did the officials call? They called Khloe Kardashian. Although they are in the process of finalizing their divorce, in the eyes of the law, they are still married and unless an advance directive for healthcare states otherwise, is the person who can make medical decisions on his behalf.

Unless you just don’t care, when you are getting a divorce, it’s critical that you update your advance directive to name someone other than your soon to be spouse to decide what the doctors should and shouldn’t do if you have an accident or a sudden health emergency.

To find out more about advance care directives and planning for the end of your life, go to www.diesmart.com.

Haunting story of a lonely man’s death

george Bell I read this story in the New York Times a few days ago and it still haunts me.

The Lonely Death of George Bell tells about a man who died alone. No one realized he was gone and there was no one to plan his funeral or settle his estate. This story goes thru the saga of what happened to him, what he left behind and who had to deal with all of it. It’s more like a novella than an article but it’s well worth taking the time to read it. I did and can’t forget it!

For more information about issues related to dying and settling an estate, go to www.diesmart.com.

Are your loved ones protected when you die?

Larry and Susan had been living together for more than 20 years. They never legally married; they said once had been enough. A piece of paper wouldn’t change how they felt about each other. Larry had been married before and had two sons. Susan had also been married previously and she had a daughter.

When Larry’s father became incapacitated, they moved into his house to take care of him. His father, to thank them for all they’d done, left the house to Larry in his will and named Larry beneficiary of his life insurance policy. When his father died, Larry inherited the house and Susan and Larry continued to live in the house. Larry promised to deposit the check from the insurance company into their joint bank account as soon as it arrived.

As Larry was crossing the street on his way home from work one day, he was struck by a car driven by a drunk driver and he died almost instantly.

Larry didn’t have a will and had not left any legal document naming Susan as his heir. They lived in a state that did not recognize common law marriage so, when he died, his sons inherited everything. They forced Susan to move out of the house and refused to give her any of the proceeds from the life insurance policy. In essence, Susan was left with almost nothing!

Families today are very complex. Some are the traditional married mother and father in their first marriage. Many more are couples who were previously married to other spouses or who are legally married gay couples. However, many people live together without benefit of a legal ceremony. This mixture of circumstances makes inheritance much more difficult and complex.

The only way to be sure your loved ones are protected is to prepare a will or a trust naming the person(s) you want to inherit your assets when you die. Otherwise, state law will dictate who receives what. Not you. It’s frightening that more than half of the people living in the United States today do not have a will and have not protected their loved ones. You can find a simple will form on the internet or can meet with an estate planning attorney to discuss the options that are best for you.

Don’t be like Larry. Act now so those you love will be protected when you’re gone. For more information about wills and estate planning, go to www.diesmart.com.

Probate – More public than ever!

Ancestry.com just announced that they’ve made a new addition to their site. When you search for someone, you will not only see facts about their life but may see a copy of their will and probate records. Ancestry claims that “probate records often document family relationships over multiple generations. Wills can also give insights into your ancestor’s lifestyle and personality: J.P. Morgan left large bequests to his librarians; Louisa May Alcott asked that her papers be burned.”

Do you want everyone to see the details of your estate? If not, you should think about meeting with an attorney and preparing a trust. That way, everything will be confidential.

For more information about wills, trusts, probate and estate planning, go to www.diesmart.com.

Why you need a living will & healthcare power of attorney

Most people don’t like to think about what will happen if they’re in an accident or come down with a catastrophic illness. They don’t decide who they want to speak for them if they are unable to communicate their wishes themselves. They don’t tell anyone what kind of care they want….or don’t want. Once they are hurt or incapacitated, it may be too late.

These are three reasons why you need a living will and a healthcare power of attorney:

1) You name the person you want to speak for you when you can’t. It should be someone you trust to make decisions on your behalf and to carry out your wishes.

2) You decide whether you want heroic measures performed to prolong your life if there’s no chance of recovery.

3) You outline the type of treatment you want to receive.

If you don’t have these documents, a relative you don’t know very well and don’t trust or possibly the courts will speak for you and decide what will happen.

For example, they may decide to put you on life support and prolong your life even though there is no chance of recovery and you may not have wanted heroic measures. They may choose to perform a surgical procedure that you don’t want or they may decide to do something that is against your religious beliefs.

A living will enables you to describe the kind of care you want.

A healthcare power of attorney (It may be called something else in your state or it may be combined with a living will) allows you to name the person you want to be your healthcare agent who can speak for you when you can’t.

Unfortunately, a life threatening accident or a catastrophic illness can occur at any time. There’s no age that is exempt. Think of Terri Schiavo. She was a 26 year-old that had a tragic fall, went into a coma and remained alive, hooked up to a feeding tube, in a vegetative state for more than 15 years because her husband and her parents couldn’t agree on her treatment and she hadn’t legally stated her wishes.

Don’t let others decide for you. If you don’t have a living will and a healthcare power of attorney, get them drawn up right away so your wishes will be carried out and you will be able to speak for yourself….even when you really can’t.

For more information on this important subject, go to www.diesmart.com.