Here are three of many reasons why everyone should have a will completed by an attorney:
On Feb. 8, 2000, all-pro linebacker, Derrick Thomas, died following a car accident leaving seven children he fathered with five different women. Since he died without a will, the court-appointed administrator needed to sell all of his property to provide for the children. The publicly-held auction included items ranging from his two Mercedes to unopened packages of boxers, briefs and athletic supporters according to an article that appeared in USA Today on March 16, 2001.
Another star athlete, Sean Taylor of the Washington Redskins, died following a shooting within his Florida home without a will on Nov. 7, 2007. Although his estate was valued at nearly $6 million, the bulk of it went to his 3-year-old daughter and her mother. Before he died, Taylor supported his mother, grandmother and a host of other close family who received nothing from the estate as reported in The Washington Post on Sept. 30, 2009.
Following the death of their mother in 1996, Lea Yardum and her sister argued and stopped speaking to each other after a dispute over a cherry wood nightstand from their mother’s home. According to a report in the Associated Press, ‘‘There were much bigger things we could have been arguing about,” said Yardum, 31, of Sherman Oaks. ‘‘But we were caught up in the emotionalism after my mother died, and that caused things to happen that I would have never dreamed of.”
These public examples are just a small sample of the kind of disputes that can arise following the death of a family member without a will that could have been easily avoided with a well crafted will — the type that are prepared nearly every day for eligible clients of the Walter Reed community at the Legal Assistance Office located on the second floor of Bldg. 1, the old hospital.
Any discussion about wills requires familiarization with some common legal terms. A will is simply a legal document that transfers property at death. The person who creates the will is called the testator. The deceased person is also at times referred to as the decedent. The property that a person owns at death is called an estate. When a person dies without a will it is called ‘‘intestacy,” which means that the transfer of property and the appointment of those who administer the estate are determined by state law.
The person in charge of handling the estate is called either an executor or personal representative. When someone dies without a will, the court appoints an administrator to handle the estate. The job of the executor, personal representative or administrator is the same: determine beneficiaries, gather assets, pay expenses, such as creditors and taxes, and ultimately distribute the estate in accordance with the testator’s wishes. The beneficiaries, or heirs, are those that receive a portion of the estate. Trustees and guardians are representatives selected by the testator or the court to manage the finances and affairs of minor children or dependents who happen to inherit under the will.
In addition to transferring property at death, wills provide for the appointment of executors, trustees and guardians for minor children and other dependents. When someone dies without a will, the court appoints individuals to fill those positions.
The problem created by those who die without a will is two-fold: first, the people appointed to fill the roles of executor, trustee, guardian, may not be who the testator wanted and it is the survivors who have to deal with the consequences; second, it is time consuming and expensive. Every decision by the Probate Judge requires court time and most importantly, lawyer time. There are no free, or pro bono, estate lawyers. Those with many possessions, unusual family situations and who die without a will cause much anguish among the survivors.
Those with clear and well-drafted wills minimize time, expense and anguish because all of the details are settled. For example, many states require executors to put up a bond or surety when courts appoint court administrators. Most wills, like the ones prepared at the LAO, do not require any bond. The will can identify multiple or contingent individuals to serve the roles of executor, guardian and trustee so if a person is unable to perform that function, a backup has been selected. The will can provide trust provisions that grant much discretion to the trustee to handle the expenses associated with the health, support, maintenance and welfare of the minor child without any court supervision.
In the case of Derrick Thomas, it is highly unlikely that the executor the late linebacker would have selected in his will would have put his underwear on public auction. It is equally likely that Sean Taylor would have provided for his mother and daughter in a relatively simple will with what was appropriate for their respective needs. With a will, Lea Yardum’s mother could have directed who would have received that nightstand Lea and her sister fought over.
There is no excuse for well-paid athletes and celebrities not to have a will. There is no excuse for Soldiers, their spouses, retirees and their spouses, of the Walter Reed community not to have a valid will as well. In the private sector, the cost for a will, power of attorney and a health care proxy could range from $500 to $1000, easily. For eligible legal assistance clients, those same documents, which are specific to their state of residency, come free of charge. Wills, which are valid the date that they are witnessed and notarized, are not enforceable until death. So as life changes, wills can be updated or changed at any time as long as the proper formalities are followed. But do not make these changes yourself; probate courts do not accept ‘‘cut and paste” wills, or those with cross-outs or hand written additions made to them. If you wish to change your will, make an appointment with the Legal Assistance Office and make notes on a separate document outlining those changes that you wish to make to your will.
There are some commentators that have recommended self preparation of wills with mail order kits or on-line but why take a chance on doing it yourself when you can have your will prepared by an attorney for free . If you want a will, or you are not sure if you need a will, make an appointment with the Legal Assistance Office at (202) 782-1550.
Editor’s Note: Check out this article on Facebook and become a Walter Reed fan at www.facebook.com⁄WalterReedArmy.
E-Mail This Article
Print This Story