Most of us expect that tomorrow will be another day like any other. But, as Euripides said, “no one can confidently say that he will still be living tomorrow.” In fact, thousands of people die in the United States every single day. Some of them die from long-term illnesses. But, many of them die unexpectedly from accidents, heart attacks, and other tragedies.
Let’s look at what would happen if you died without planning in advance. First, if your death were preceded by a period of incapacity, your family might not be able to access funds that were needed during your illness. Without a Durable Power of Attorney for Property, financial institutions and other companies and organizations (Social Security Administration, utility companies, etc.) will not speak with anyone trying to assist you. Next, if you had not legally expressed your wishes with regard to your end-of-life care, your family might not be able to carry out your wishes. A Health Care Power of Attorney, Advance Health Care Directive, Health Care Proxy, or Living Will would be needed to empower the person whom you designate to assist you.
After your death, the probate court would appoint an executor or administrator for your assets. In some states, this can be a time-consuming and expensive process. Often, this process can be made less burdensome if you had planned with a Trust. But, in the absence of planning, there are no legal instructions with regard to the disposition of your assets. In other words, you were “intestate.”
When you die intestate, the distribution of your assets is set by a pre-determined list for intestate succession that varies from state to state. Typically, it is some combination of your spouse, descendants, and family of origin. But, without a valid Will, you do not get to specify who gets how much. You have to rely on what your state has set as the default for distribution. This may be far from what you have in mind. For example, if you have an unmarried partner, he or she would get nothing.
Even more importantly, without a Will, you would have no input into who will raise your minor children or provide assistance for an adult child with special needs. State law and the judge will determine that for you. Of course, the judge would not be privy to your experiences and may make a different decision without the benefit of your guidance.
Unfortunately, the question is not if you will die, but when will you die. When you die, you can leave a plan to achieve your goals and care for your family or you can leave it to chance. Your family and your hard-earned assets are too important to pass without your direction.
Bottom line: Every adult in Louisiana should have a basic will that specifies how property is to be passed along and how certain other certain decisions should be handled upon death or incapacity.
Mr. Morrison is a board-certified estate planning attorney with experience in both simple and complex estate matters. He can prepare an estate plan for you that achieves your goals of passing your assets to whom you wish and make sure that your selection of guardians for your children is heard by the court. The planning can even help minimize estate taxes.
Ronald “Chip” Morrison, Jr. is a Board Certified Specialist in Estate Planning and Administration by Louisiana Board of Legal Specialization and a member of the American Academy of Estate Planning Attorneys. He has been engaged in Louisiana trusts and estate law for the last 15 years. Our firm serves clients throughout southern Louisiana.