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LEGAL NOTIONS Getting Your Affairs in Order Most people have heard of horror stories arising from a person's failure to have a will or trust, yet it is amazing to see how a large percentage of people still neglect to take care of these matters during their lifetime. In my experience dealing with probate matters, I have found that many people do not leave their final wishes in a form of a written will or trust. Putting it simply, when someone does not have either a will or a trust with a "pour over will" drawn up, and he or she passes away, their estate is classified as an "intestate" estate. Intestate estates are passed on to beneficiaries by manner specified and determined by the State and by statute, rather than what would have seemed fair to the deceased. Speaking of fair, their loved ones (while in their grieving process) are often called to select among themselves who will have the burden of administering the intestate estate. Often (but not always), this would fall on someone who would have been named as the executor had there been a drawn plan. In cases where there is not a next-of-kin beneficiary, the State (with very few exceptions) simply gets to keep it all. The perils of not having an estate plan are mirrored by the risks of not having an advance health care directive and a power of attorney for non-health-related matters. In brief, every adult should have: (1) either a will or a trust with a "pour over will"; (2) an advance health care directive; and (3) a non-medical power of attorney. Also, it is wise for one to write a letter of final instructions that will provide the overseer of one's will or trust with additional information that will make it easier for the overseer to undertake his or her duties. For every excuse one has for putting off the task of having a will or a trust drawn up, there are far better reasons to justify getting one's affairs in order without delay. After all, wouldn't you want to express your wishes and care for your loved ones during their grieving and beyond? << back to columns >> The information provided in this column is not intended to be legal advice but merely conveys general information related to the topic. © 2004 2005 Scott J. Preble, A Prof. Law Corp., Antioch, (925) 756-7111. www.PrebleLawFirm.com.
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