Archive for November, 2009
When you are standing on the outside of the courthouse after the judge has made a declaration of what is going to happen to your assets and children because there was no Will, families then realize the foolishness of not taking the proper precautions for such an eventful moment ! In that fleeting moment, they quickly realize that their whole life’s accumalations and family are gone with the wind !
Rigorous precautions are needed when partners sit down to begin to organize the necessary information to give to a professional to finalize their Will.
It is known that these over-the-counter-do-it yourselves-will-kits are the bane of professional estate planners. They have found them to be extremely inadequate and can often invite expensive court battles when family members argue over the intent of the testators statements.
The question is often asked, “ What is a Legal Will ? ”
When a document claims to be a ” legal will “, people need to undrestand what that means.?
When a person types on a piece of paper, “ This is the Last Will and Testament of me Carson Donald of 1212 -Tomorrow Blvd, Plainsville, Kentucky “ “ I leave my entire estate to my daughter Camilla “ Then when Carson signs that Will in front of TWO Witnesses, ( maybe only neighbors ) and dates it, then Carson has completed a legal Will that will be recognized by the courts.
It has been said many times that a hand-written Will is better than no Will information at all. It is even important to register the location of where that Will is going to be kept so it can be found when needed. Seek out a Wills Location Database to register where a Will is going to kept.
Don’t let a life-changing decision catch you un-prepared !
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Power of Attorney
In today’s World, most inividuals and families must go out of their way to be certain that a Living Will or a Family Will is properly drafted . Life has a way of interupting our best plans causing life changing decisions any day.
It is extremely important for everybody to have a legal Will.
Even a hand-written Will or letter, is better than no Will at all. Some people may not need a lawyer, notary, financial planner or other professional_ _ _ but be very careful! The process of recording one’s estate planning wishes has in many cases been made more complicated by the ever-changing legal and taxation laws.
It is for certain that people with large estates, business interests or dysfunctional family situations should seek good legal advice from professionals who have the experience
But, until you proceed with a formal WILL, sit down with a cup of coffee/tea, and write out your temporary wishes on a piece of paper. and register where you are going to keep this document, if it has to be found in a hurry. Go on-line to seek out a Will Registry service.
Don’t let life hand you an emergency that you are unprepared for.
_ _ _
AND CHECKING IT TWICE_ _ _GONNA FIND OUT WHO’S NAUGHTY OR NICE _ _ _ BUT SANTA CLAUS CAN’T BRING YOU A WRITTEN WILL.!_ _ _
But if you feel self-conscious or embarrassed because you don’t as yet have a prepared Family Will, don’t beat yourself over the head, but instead make it easy on yourself !
With your computer ( or a friends) simply go on-line to Google and download an immense amount of free helpful information.
Type in Writing a Will or Wills, or Family Wills or Living Wills, or international wills registry, or how to write a will. Also, call a local notary, lawyer, insurance agent, or financial planner who will freely assist you in starting the process.
But if you don’t have a Family Will yet, Santa Claus may not stop on your roof.!
Someone said there are three kinds of people !
People who make things happen, People who watch things happen, and People who say “What Happened?”
Would you categorize which group you are in ?
MAKE THINGS HAPPEN: If you are in the make things happen group, then you are with the many who are usually well organized in how they do things. It is the people in this group who most often have drafted Family Wills and have taken the time to plan for the future welfare of themselves and their families. Most will have paid due respect to investigating the benefit of having a Living Will AND a Family Will to insure the protection of their loved ones.
WATCH WHAT IS HAPPENING ?: If you position yourself in this group, you might be considered a great talker and ” I’ll get to it someday ” type , but you are unable to WALK THE TALK !
WHAT HAPPENED ? Of course, this is also a group of well-intentioned, but no “get up and get at it “. They too, spend a lot of time giving lip-service to the importance of having proper Family Wills, but take no action.
In defence of these wannabees, it has been discovered some of their inaction has been caused more by not knowing where to start first !
With worldwide Internet today, these people now have a world library to assist them. All they now need is to go on-line, find and press the Click Here key. Unfortunately, too many are still intimitated by this amazing helpful vehicle.
Car crashes kill more than 40,000 people each year according to the National Safety Council as a result of traffic collisions.
Based on the fact that more than 80% of world individuals who as yet do not have WILLS, it is guesstimated that 80 % of that 40,000 plus, would mean that over 33,000 of those people died without WILLS ! 33,000 families now have to endure facing a future of possible uncertainty, and much unneccessary grief and anxiety .
The National Safety Board says the odds of getting in a deadly crash increase threefold when driving at night, and increase further when drivers are distracted or drunk.
Part of the message here, is, that every time you get into your car or truck for a trip to no matter where, you become a possible target for some unscrupulous driver on the road.
The part you can play is to always drive as tho the other motorist is going to do the wrong thing on the road. Driving DEFENSIVELY is a winning combination. You will always arrive home, and above all in one piece without being a statistic and in the morning newspaper obit column.
The other protection you will want, is to have your Family Will properly drawn, and its location registered if there is that fatal traffic mishap, so that someone in the family can find your document if it is needed.
Of course, the choice is in your hands. You can do nothing and leave a mess for family to try to settle, or leave perfect instructions for your family to follow.
Won’t it be better for friends and neighbors to remember you as a conscientous partner leaving a well organized game plan for your family, and not some inconsiderate has-been ?
Too little time is spent by couples discussing their assets, family and future. Friends need to motivate each other about WILLS.
Living Wills
Is one issue that is always a hot topic and too often relegated out of most discussions with families. When one takes the time to understand the pitfalls of shared property and no Will in the family, they will aggressively work to rectify that ommission immediately.
Discussions about shared property or anything you hold jointly with somebody else, should be shared around the kitchen table with partners and family members. Anytime, is a good time to share thoughts on any issue’s like Living Wills, Family Wills, Power of Attorney’s, and above all , child guardianship.
It is possible when you think you have lots of time remaining in your life to not worry about things like Wills. It is fairly easy to not be overly curious about the hereafter if you don’t think you’ll be there for another 35 years.
Increasingly however, the brevity of life is forcing many to realize that every second counts. When one is confronted with the reality of life and death, they quickly define steps to lay out a good Will planning session with the family, for the family.
If necessary, be the first in your group to show others how easy it is done.
Death operates on its own timetable and depends on health, lifestyle and age, except in the event of an accident.
While there a few in the world who set their own death date, by and large humans do not have the ability to confirm their last days on earth.
Amazingly enough, humans will spend considerable time in their lives working to accumalate fine possessions, property, businesses and raise families for a happier life for all.
It then begs the question “what kind of insurance do we have that we will live to reap the benefits of all this effort ?” The only kind of assurance would be a possible insurance policy to protect against an ill-health/accident problem during our journey into old age. With life-ending vision , specific written instructions and directions are essential, to protect against a life interupting event. A hand written letter with these important directions, declaring WHERE this valueable document is going to be kept and who will be charged with locating it when it is needed. A WILL is of little value if it cannot be found when needed. So, step one is to be certain that you have a Will, and step two, be sure you appoint someone who will know how to find that Will !
Will
Nobody likes Surprises?_ _ _
So when the police called and said there had been an accident and they were taking my husband to the hospital emergency, I panicked!
My husband had the only family car, so I was unable to drive to the hospital. I hurriedly had to impose on a neighbor to drive me.
In the half-hour drive, my neighbor asked me if we had a Living Will or a Family Will ? I said I didn’t know and became more distraught. My neighbor said “ we don’t have a Family Will either, but as soon as I get you returned home and settled, I’m going to call our lawyer to come over as soon as possible to get a Will drafted.” ” This is a good wake-up call for us too. “ She said “ it might be wise asap for you to contact your lawyer as well to see what you can do. “ My friend further said “ we are only in our forties and never imagined we would need a Will until we got older.” “ I guess these possible instant life changes can happen anytime, and we should have tried to be more prepared for unexpected surprises! ”
At the hospital, it was confirmed the husband would survive, but be confined to a wheelchair for life!.
Now, a new set of challenges faces this family.
My Parents_ _ _NO WILL_ _ _ We Are Worried !.
My sister and I are middle teens in our family, and with and thru friends at school we have noticed more talk of late asking questions about family Wills? The questions centered around how many parents talk about Wills in their home or even if the family does have a written Will. ?
Teen’s concern might be “ we do not know if our family has a Will, and we don’t know how to address the issue with our parents. “ ” In this last year we have lost two school friends to motorcycle accidents and the death of parents of another thru a horrific car accident. “
It is a good sign that queries like this one are becoming more prevalent. It is encouraging to see young adults now being more concerned about Wills with their parents. Many teenagers are now asking more questions about family Wills.
Every family should have a WILL, but sometimes some parents may not want one.? Ease into a conversation with your mother. Find out her thoughts ? Quite often wives are hesitant about discussing mortality and death, and she too, may not know just how to approach the subject with her husband.
Tell your mother you would like to be part of a family plan discussed around the kitchen table. Your parents may need some convincing, but keep calm, smooth pressure on them pointing out the consequences of not having a WILL. When WILLS are properly drafted they are safe and comfortable legal instructions required for disposal of property, possessions and above all any children.
If necessary, take it upon yourself as a school subject to call up a lawyer, notary, financial planner so that you understand how to better infiorm your parents.
Remember, your parents are constantly busy making life better and more enjoyable for the whole family, so be very tactful and discreet.
A Living Will , a Family Will or both?_ _ _
Yes_ _ _ it is preferable to be well organized enough to arrange a Living Will, AND a Family Will.
They are two seperate documents to have performed different functions for a family.
A Living Will imparts the important instructions for family and friends for aging and possibly infirm parents BEFORE DEATH happens.
A Living Will ceases upon the death, and then the Family Will comes into affect with the vital instructions to remaining family members after death. The reading of the Family Will after death can sometimes take up to one year after the death.