When you buy a home, you will be signing quite a few legal documents. Although there’s one more legal doc that you should sign, too often we put it off because it’s an unpleasant subject. When you own property, you should have a Will. Yes, I know that you - like me - are immortal but it’s something we need to do anyway – just in case.
Do as I say … not as I did
Why am I writing about such an unpleasant thought? Because I’ve been guilty as well. I have a Will but it’s old and most of the instructions no longer apply. Suffice it to say that the current Will dealt with a trust for my youngest daughter’s care as a minor. Since she’s now 38, I think it’s time for a change, don’t you? Me bad.
I’m in the process of redoing the old Will and am working on the draft that a lawyer * has done for me to approve. I lead a simple life so disposing of my worldly possessions merely means assigning everything to my two girls. The “Last Will & Testament” is easy. Split my assets in half and make sure both kids are listed as beneficiaries on any financial accounts to avoid Probate. The “boilerplate” draft to do this is 13 pages filled with legalese to cover every possible nuance that might occur.
I also have to choose which daughter will be the Executor and the General POA. Per the way the docs are written, the General POA has financial authority to manage money/assets prior to death and the Executor does a similar function after death.
So far the process has been easy and a no-brainer.
Then I get to the Living Will draft and the Health Care POA. Here’s where it got tough. The Living Will doesn’t apply until I’m no longer capable of making my own decisions. Do I want CPR? What about DNR (do not resuscitate)? 
What do I want done if I’m brain-dead or a terminal illness? Do I want machines turned off if they are all that’s keeping me “alive”? Do I want food and water withheld? The Living Will gives instructions and authority to the Doctors. It overrides the Health Care POA. The same questions are addressed in the POA doc, but the POA also has authority to decide to move me to a nursing home, different hospital, or a hospice, etc.
Who wants to pull the plug on Mom?
(try to not act so eager!)
I’m getting together with my girls this weekend so we can discuss all this. I want them to know what my wishes are and to agree to their roles in this process. Hopefully, doing that, will make it easier for them, when/if the time comes in the event I’m not the first person to be immortal.
I also plan to talk about WHO will care for The Murph, and provide him with the hugs, kisses, and general spoiled lifestyle that he’s come to expect. 
* Links to a blog with lots of helpful legal advice for real estate and estate planning.
Copyright © 2010. Elaine Reese, Real Living HER. Reproduction of any portion of this blog post or the images is prohibited by the Digital Millennium Copyright Act. If this post is being viewed on any site other than www.ReesesPiecesOfRealEstate.com then the material has been stolen without permission. Violators will be reported.
Click image to read all the articles about my personal saga with the Emerald Ash Borer damage to my tree.
If you own a home … you need a Will.
Do as I say … not as I did
Why am I writing about such an unpleasant thought? Because I’ve been guilty as well. I have a Will but it’s old and most of the instructions no longer apply. Suffice it to say that the current Will dealt with a trust for my youngest daughter’s care as a minor. Since she’s now 38, I think it’s time for a change, don’t you? Me bad.
I’m in the process of redoing the old Will and am working on the draft that a lawyer * has done for me to approve. I lead a simple life so disposing of my worldly possessions merely means assigning everything to my two girls. The “Last Will & Testament” is easy. Split my assets in half and make sure both kids are listed as beneficiaries on any financial accounts to avoid Probate. The “boilerplate” draft to do this is 13 pages filled with legalese to cover every possible nuance that might occur.
I also have to choose which daughter will be the Executor and the General POA. Per the way the docs are written, the General POA has financial authority to manage money/assets prior to death and the Executor does a similar function after death.
So far the process has been easy and a no-brainer.
Then I get to the Living Will draft and the Health Care POA. Here’s where it got tough. The Living Will doesn’t apply until I’m no longer capable of making my own decisions. Do I want CPR? What about DNR (do not resuscitate)?
What do I want done if I’m brain-dead or a terminal illness? Do I want machines turned off if they are all that’s keeping me “alive”? Do I want food and water withheld? The Living Will gives instructions and authority to the Doctors. It overrides the Health Care POA. The same questions are addressed in the POA doc, but the POA also has authority to decide to move me to a nursing home, different hospital, or a hospice, etc.
Who wants to pull the plug on Mom?
(try to not act so eager!)
I’m getting together with my girls this weekend so we can discuss all this. I want them to know what my wishes are and to agree to their roles in this process. Hopefully, doing that, will make it easier for them, when/if the time comes in the event I’m not the first person to be immortal.
I also plan to talk about WHO will care for The Murph, and provide him with the hugs, kisses, and general spoiled lifestyle that he’s come to expect.
* Links to a blog with lots of helpful legal advice for real estate and estate planning.
Copyright © 2010. Elaine Reese, Real Living HER. Reproduction of any portion of this blog post or the images is prohibited by the Digital Millennium Copyright Act. If this post is being viewed on any site other than www.ReesesPiecesOfRealEstate.com then the material has been stolen without permission. Violators will be reported.
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Posted in Commentary
Tagged Last Will & Testament, Living Will