Sorry to have been away from blogging for such a long time, however, as you may or may not know, I lost my father last month (March 1st 2008) and have had a tough time dealing with this tragic loss.
Having two parents on opposing coasts causes its own problems, My father and mother were divorced over thirty years ago and were living on two different sides of the country (my mother in NY and father in CA). But the major headache to having lost my father is getting his final affairs in order. As an independent associate with my company, I have a distinct knowledge of the necessity of a Last Will and Testament. However, getting others to understand the need is comparable to a dentist pulling an infected and impacted molar. I had spoken at great length with both of my parents on the need for a Will and had them both tell me, “I’ll get to it.” Needless to say, my father passed away prior to getting enrolled in the service I market, which provides for a Will for both member AND spouse, in addition to updating it annually for free. Now my siblings and I are tasked with going through mountains of paperwork to try and find what funds, debts, accounts, policies and commitments he had.
Being that our country is run on the issuance and use of creditor accounts,(we all have credit cards, loans, mortgages, 401k’s, IRA’s, 529’s and the like), leaving these things to our family seems as though it is as easy as allowing them to roll into our estate upon our passing and allow the estate to be divided equally. Such is NOT the case. Any fund accounts MUST be transferred to an estate account,(assuming your surviving spouse, children or relatives know where your accounts are held and which cannot be done until a certificate of death is obtained). Subsequent to that, there must be publication of the passing of the person whose estate is being setup, then an executor must be chosen. (Yes, this a daunting and complicated affair) Finally, all debts are paid out of the aforementioned estate account and any remainder can de divided equally amongst survivors of the deceased.
Therein lies the need for a Will. Within a will, an executor can be designated, all accounts can be detailed, all debts can be listed and all property can be designated to survivors of the estate such as land, autos, homes, momentos, heirlooms and the like. I cannot stress this enough, without a Will, you are considered to have died “intestate”, meaning without a will. As such, all of the procedures that my siblings and I are dealing with must be gone through. Granted, it is easier with my siblings because we all are on the same page. However, if not for that, the estate could go into probate and that is another set of issues and problems.
I cannot stress this enough, everyone needs a Will, not for yourself, but for those who survive you, whether it be children, siblings, spouse or parent. Consider it a “Last Love Letter” to your family and give them the peace of mind knowing that at their most vulnerable time, YOU have considered them and made the grieving process easier for them to bear by letting them know exactly how to handle all that you have worked so hard to build for them.
Any assistance I can give would be my pleasure. Most attorneys can create a Will and set up a trust for you, however it can be relatively expensive. (which is probably why most Americans do not have an updated Will) So feel free to email me and I will contact you directly and show you how to begin the process of getting your “Last Love Letter” written and executed through the service I market. By the way, did I mention that the membership cost is less for an entire YEAR than the cost many attorneys charge per HOUR!
Do you see ANY reason why you shouldn’t have a Will?
Take care,
William D. Calloway, CITRMS
Saturday, April 12, 2008
Do You Realize Everyone Needs a Will?
Labels:
estate division,
free will,
intestate,
living will,
testament,
will
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