OK, this is the “aging thing,” which got us to a Boomer Primer. If you have no idea what I’m talking about, ask a neighbor, because the rest of us are sick of hearing about it, so we’re just going to cut to it, OK?
Last week I went on (and ON!) about wills; specifically, what they are, how they work, what to do to “do” one and the simple fact that you need one, so: MAKE A WILL!
Yes, that is uncharacteristic of me to be so blatantly directive, but here’s why: First, this is America, so money and property count; second, consider what happens if you DON’T have a will.
In all probability, someone you love (like your spouse/partner, kids, family member- Somebody!) is going to have to pick up the pieces and, assuming that they loved you back, at a time when they are emotionally sideways because you’ve moved on to better things, right? Somebody has to find stuff, list stuff, get access to stuff and then get that stuff to where they guess you might have wanted that stuff to go, while they’re also trying to get you to wherever. Does that sound fun? No.
And given the distinct lack of information and legal tidiness that you were too lazy to provide, do you know where this whole little drama is likely to land? Right: In a land called “probate.”
PROBATE?? First of all (because this is always “first”), DON’T PANIC. B-r-e-a-t-h-e…
“Probate” is simply the court-supervised enforcement of a will, or the lack or clarity thereof. The Court makes sure that notice goes to everyone who needs notice, that an Executor follows the rules, that the bills and creditors get paid and that “stuff” gets to where it ought to go, so why does it strike terror in the hearts of so many?
Well, in some states, probate is a horrible, complicated and EXPENSIVE rite of passage! It is so horrible, complicated and expensive that many good folks, with considerable foresight, go to considerable lengths to avoid it! Generally speaking, that is NOT the case in Washington; in fact, it’s usually pretty orderly and INexpensive – It’s only when there’s a dispute that things get…gnarly.
The practical fact in Washington State is that if things do get “gnarly,” they were probably going to get that way anyway, regardless of whether the decedent (dead person) used a will or a Living Trust or some other means of “property transfer,” or whether or not the estate is probated at all.
It’s true: The secret to avoiding these horror-stories isn’t so much in selecting a will vs. a trust vs. whatever, as it is in identifying potential problems on the front-end, resolving them as much as possible and doing whatever you can to minimize their effects in the future – The “future” that you won’t be in on.
Washington’s probate process is usually remarkably simple, quick and “cheap,” – And can actually be beneficial to you and your beneficiaries, as long as you have a PROPERLY DRAFTED WILL!
Listen: I’ve seen a lot of folks – Especially a lot of folks who came here from somewhere else – Run out and spend what I consider to be a LOT of money to get some of the prettiest and fanciest paper I’ve ever seen, in the name of “avoiding probate,” and you know what they often end up with? Yup, pretty, fancy paper, that didn’t really do much. I’m not talking about scams here, just unnecessary (and rather considerable) expenses.
Actually, Washington’s probate process does, among other things, provide your chosen representative (think “executor”) with what’s known as “nonintervention powers,” which give her/him MORE flexibility and legal authority over your estate than a Trustee has over a Living Trust.
…hmm…
So, there we are, right? All wrapped up in a pretty little package on a Thursday, so I’ll just run right out and do what some social worker told me to do in a newspaper column, right? WRONG! Go see an attorney! This is your life, Folks, so go find a pro that you can trust, and who will listen to what you want.
Are we done? No. We haven’t even touched powers-of-attorney or guardianships or advance directives – Well, I’m sorry, but life and aging is a complicated place and after all, this is a Primer, so we’ll get to it, but here’s something else that a lot of us need to get to real quick: This year (2011, for those of us who are easily distracted), “open enrollment” for Medicare Part D and Advantage Plans runs from October 15th through December 7 – NOT from November 15th through December 31. This is a BIG change! Part D = October 15 through December 7, so write that down.
And DON’T put that note with your will, which you’ve probably stashed behind the bowling ball on the top shelf of the guestroom closet where no one will ever find it, because you want it to be a secret.
And here’s something else that shouldn’t be a secret: Another “Powerful Tools for Caregivers” class will be starting October 5th at Seaport Landing (1201 Hancock) in Port Townsend, and will run from 10:30 am to 12:30 pm every Wednesday through November 9th.
I’ve talked about these before, so you don’t have to listen to it all again, but if you’re somebody who’s taking care of somebody who needs to be taken care of, this is one of the best things that you could do for you.
These slots go quickly, so call 360-385-2552 to register; remember, you count, too.
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