Please, after you read this, write a will. Working with an attorney helps – it turns out that death is complicated. But you also can do it yourself (with 2 witnesses and a notary), and there are many good internet resources to help you. But, please, do it. Here’s why.
While we were in South Africa this year, I had a phone call from a US hospice organization (7 time zones away!). My life-long friend, Barbara, was admitted to the hospital – tests revealed that she had arrived at stage 4 cancer and was going to need immediate hospice services. I was an “emergency contact.” I should mention that Barbara’s husband, who died about 12 years ago, did not have a will – and it took lots of effort and energy by Barbara to settle his estate, given their state’s intestacy laws. I assumed that experience convinced Barb to have a will. I was wrong.
Over several weeks, there were many calls with Barbara (of course!), hospice, her neighbor (who heroically took on some caregiving), adult protective services, and one of Barb’s cousins. The adult services people asked Barbara to designate medical and financial powers of attorney and to name an executor for her estate – i.e., to write a will. For her own reasons, she refused. Five weeks after getting that first call, Barbara passed away, finally reunited with her beloved husband.
Barbara wished to be cremated, but because no one was legally responsible for her, her body was taken to the city morgue. Three weeks later, it’s still there, waiting for the court to appoint an administrator for the estate, who can get the body released.
Immediately upon her death, her apartment was sealed. No one can empty the refrigerator, do the last bits of laundry, and clean up. No one is collecting her mail to pay bills, no one is stopping her Social Security and pension payments, no one is doing her 2019 income taxes.
The state’s intestacy laws provide that the estate goes to her homebound, 91-year old uncle. When I mentioned this once to Barb – in an effort to motivate her to write a will – she just said, “no, that won’t happen.” It will. Fortunately, there are cousins willing to step into the fray and start untangling the knot that is her estate. Also, her 91-year old uncle has to get a boatload of forms notarized. I expect it will take a couple of years to finalize the settlement, and the fees for the court-appointed administrator will chew up 40 – 50% of the estate.
Barbara read voraciously, and was a regular at the local Public Library. My guess is that she might have wanted to leave a gift to the library in her will, but that’s not going to happen.
In addition to her husband, Barbara’s other great love was animals – in particular, cats. She regularly volunteered at the animal shelter, helping to socialize cats and working to find them happy “forever” homes. I believe that she would have wanted to leave a gift to the shelter, but that’s not going to happen either.
If you have minor children and no will, upon your death, the courts will appoint a guardian, who may not be the person you would choose. Not having a will can devastate your family and friends, and gives you no say over where your money and property go.
Barbara was a dear soul, and those of us who knew her will miss her. Now, please go write a will.
Authors: Jeanne and Randy – who have wills! – spend some of their time in South Africa helping the Anglican and Methodist churches with their work on ECD centers, youth programs, and other priority projects for church staff.