I am Clarke Kent Wittstruck, an Asheville family law attorney and, for over 20 years, as part of my practice I have prepared simple Wills and administered Estates for my clients.
I represent lots of different people. Some are wealthy; most are not. I tell them all the same thing: they are going to die. And when they do what they should aim for is this: don't leave a mess and don't leave a dispute. A Will can help accomplish this.
A Will is for your survivors, not you. It is to help your survivors locate, divide, distribution and dispose of your property. And it will help them avoid a dispute over what you intended to happen to your property. So just do it. What most clients need when they come to my office, is for me to push them to deal with multiple contingencies - if a child predeceases, if they become incompetent, if they must go into a nursing home, if they die while their children are still young, etc. - face up to what lies ahead and form a workable plan and don't leave a mess.
Clients come to my office and I tease them about their current "mess" - from the lack of a burial/cremation plan to the ancient stuff they have in their attic. But more than focus them on what will happen upon their death, I want to focus them on what their situation is right now and what situation they would leave if they died tomorrow. Do you have a burial/cremation plan? Do your survivors know your banking business and have a list of your accounts? Have you provided a power of attorney if you have a stroke and can no longer communicate? Are you leaving a mess?
If you fail to plan for your death you will cost your survivors not only time but a great deal more money. It may also cause your survivors to bicker over who gets what and whether the division is fair or what you really wanted, etc - just what you wanted to avoid. Such disputes are messy and emotional and lucrative for the lawyers. Such disputes are also completely avoidable if you take the time to organize your affairs and write your intentions down in a Will.
Elder care issues usually involve planning for a time when you will no longer be competent to make decisions on your own. These range from dementia, nursing homes, guardianships, trusts, power of attorney, assisted living, , and especially Medicaid and Medicare. It's always better if you are doing the planning for yourself while there is still time to competently attend to business. But what is more often the case it's your children sitting in my interview room wanting to know what to do and who to turn to. You've left a mess: limited options and cumbersome court proceedings giving those who have the responsibility of caring for you the legal ability to do so. One day you may wake up and not recognize your care giver because your mind is slipping away slowly. This is hard enough on the people who love and care for you. Don't add to this by making them sort through your care options as well. So make a plan. My job is to point you in the right directions and, ultimately, push you to timely make the decisions you need to make so not to unduly burden your potential care givers.
Tomorrow May Never Come. There is much to be said for living each day like it it's your last. But few people do this. Instead they believe, deep down, an exception will be made for them. Doubtful. But as a result their financial affairs go unorganized and scattered and the mess they have today will be left for the tomorrow which did not come. So, if nothing else, a Will may help you focus your mind a bit in how to start getting the mess organized.
The answer is really simple: just do it. If you like the idea of preparing a Will on the internet, fine. Just do it. If you are interested in me helping you sort through your options, set up an appointment.