Needless Tragedy-Dying Without a Will-Don’t Let It Happen To You!

Dying Without a Last Will and Testament

One of my nurses mother passed away last week. A tragedy enough. But she was in her mid-eighties and her health has been deteriorating for the last several years. It was still unexpected, as these things frequently are.

However, as she and her brother were discussing the arrangements, they were shocked to find, she had no Will.
Or at least not one that they could find. The mom had assured them for years that she had a Will, and even said who the executor would be.

But now that she has passed, no Will can be found. She was not a wealthy person, living on her Social Security, and having minimal assets.

However, the funeral arrangements need to be covered financially. Neither of her children are  able to help at this time for varying personal reasons. So dealing with this will cause financial strain for the family, in addition to the emotional turmoil that occurs when losing your mother.

The legal processes for dealing with your financial/personal estate after your passing is complicated and time consuming enough, even with a Will and extensive instructions for your remaining family.

But not having a Will increases that difficulty ten fold according to many financial planners.

Many excuses abound for not having a Will:

  • Too Busy
  • Too expensive
  • No attorney
  • Too morbid-don’t want to think about dying.
  • I can’t decide who get’s what, so I will just ignore it!
  • I just want my hateful,  unappreciative  leeches I call children to have to deal with it!!!!!!

Why you should have a Last Will and Testament:

Here are my responses to the above:

  • You think you are busy now-right!  Now do you think your children or loved ones are any less busy? Think about it as if you are the one calling probate judge, funeral home, banks, insurance agent, and all the other varied professions that have to be dealt with when you lose a close relative.
  • Do you think burial costs are going down?-Deal with it now, pre-pay the funeral costs-pick out your urn/casket.  Don’t make your grieving kids/husband/wife deal with this.
  • If you can afford an attorney, and have a complex estate, by all means hire one.  Let them lead you through the process.  But if you don’t have one, and your estate is simple, just get a simple Will-I have written a review about several  online options that are available.
  • Yes, you are going to die.  Deal with it, so your family doesn’t have to!
  • Don’t let your family tear itself apart, fighting over your stuff, or money.  Keep in mind, what they say about you after you are gone, will NOT hurt you!!!
  • If you want to hurt your children, think of other, more fun ways to get ‘em.  Maybe a requirement to visit and leave flowers at your grave every year to collect on your estate….Or leave all your money to your cat!  Be creative, but please do something!

Reader comments about leaving a Will:

Do you have a Will?  Why or why not?  Is it too expensive, or just haven’t gotten ‘roun to it-as we say down here?

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7 Responses to “Needless Tragedy-Dying Without a Will-Don’t Let It Happen To You!”

  1. Dr. Dean, my excuse is I’m too busy. I know it’s not a valid reason but somehow my husband and I never get this task done and we’ve been married for 15 years and do have assets that need to be split between 5 kids!

    That’s why I added it to my list of 2010 goals. I will get the WILL done this year.

    • Dr.Dean says:

      Just like all goals, writing them down, makes them real.

      It only took my wife and I a couple of hours with my CPA/CFP to get the basics done, then reviewing the document.
      Good luck.

  2. Jackie says:

    My husband and I each have a will. I got a simple one when my son was born, but updated the heck out of things after my Mom died. It was such a mess to deal with settling her estate — and she was super organized and had everything in place! I can’t imagine what things would have been like if she hadn’t.

    • Dr.Dean says:

      Great planning. I agree that things are bad enough after such a loss. You certainly don’t want to spend your time chasing down attorneys, and probate judges. (any more than you have to.)

  3. [...] you have your estate planning in place? Read about dying without a will at the Millionaire Nurse Blog and get cracking on [...]

  4. Lynn says:

    If my husband and I don’t have children do we need a will?

    • Dr.Dean says:

      I can’t give personal legal advice for you, but in general I think most attorneys and tax advisers recommend a will for all. It also makes it easier on the one left, if one partner dies before the other-which is likely of course. It can be a simple document if one’s finances are not complicated.

      I also recommend a durable power of attorney for health-care-so that one’s wishes re end of life care are carried out….Remember the Terri Shivo controversy…
      Thanks for reading, and taking the time to comment!

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