Tuesday, March 16, 2021

What Would the Author Have Wanted?

 


I was listening to NPR the other day during a discussion of the decision to no longer print several Dr. Seuss books.  One of the guests was a literary executor.  Who knew this position existed?  She stated her job was to act according to what the author would have wanted. To be clear, Dr. Seuss’s estate made the decision to pull the books.  The who, what or why is not the issue for this blog.  What is relatable to this blog is apparently the estates of successful authors select someone to act as a literary executor to make decisions about future printing of the books based on the wishes of the author/ family.    And as I thought about this, my mind went back to my original thesis for this blog- namely, to encourage people to find an agent who would act in their behalf regarding health, financial, material possessions and intellectual property in the event they become incapacitated.  

The key question for the executor was – What would the author have wanted?   And the key message for you is “let someone you trust know what you want in the future”.  Yes, this may involve an attorney, and several heart-to-heart conversations with children or other family members.  This may mean a sit down with a physician and it may come down to writing out a set of instructions- items that are not included in a will.  Remember, your computer/phone/tablet passwords are not part of a will.  What happens to the special vase that has been your family for years ?  Who gets the Bronze Star that Grandpa received?  Whether or not you have an “estate” is irrelevant.  What is important is that someone knows where your will is, who your attorney is, who your physicians are,  and where the instructions are located. 

As I write this in March 2021, we can all acknowledge we have been through crazy and unprecedented times.  And while we may have realized our material things are not important, we still have these material things and if we don’t want them thrown out, we need to tell a trusted person what to do with them when we are gone.

Let me know your thoughts.

Stay safe.  

Tuesday, January 19, 2021

If Now Is THE Time, Then Why Wait

 


So many unsettling things going on in the world today.  For many years, I thought of the “things” as being remote from me.  Not now.  Those “things” are at home. 

Fortunately, my family is fine.  Some of my friends, however, have had experiences with loss- job, family members, housing, etc.  It’s during this time of “what if” we have the opportunity to become prepared for lessening the burden on our family/friends.  Whoever will have the responsibility of dealing with our declining health, our material possessions, our wishes, needs to know what we are thinking.

So, this goes back to my original topic of so many years ago- wills, powers of attorney, lists of important documents, and the courage to identify one person who knows where you keep your papers.

The AARP Bulletin of November 2020 highlights these important agenda items:  creating a will, living will and durable power of attorney;  having a conversation with your family or friends about your wishes about health care should you become incapacitated; getting an understanding of the estate laws in your state; choosing your agents ( the person (s) who will carry out your wishes) based on their qualifications not what you think you should do or what is expected for you to do; seriously considering dividing your estate equally among your children unless there are strong reasons not to; and remembering you can always change your documents- you may have to if you move out of state or your beneficiary or agent becomes incapacitated or dies.

AARP offers these suggestions:

Free services- Cake (JoinCake.com) or FreeWill (FreeWill.com)

Low-cost services- Gentreo (Gentreo.com), Quicken WillMaker &Trust by NOLO (NOLO.com), Trust &Will (TrustAndWill.com/AARP)

Pro Bono Legal Advice- law school clinics in your state- search “elder law clinic in…” and Legal Aid (LSC.gov)

Tell me what you think.  Have you taken action during the pandemic?  Did you have THE conversation with your family?