Legally Rambling (10/5/2009). My practice brings very interesting people into my life and often, very often, they leave my life as well. Sometimes in very short order. You see, as Victor Hugo once put it - they take to the road on the great adventure. They die.
Now my Christian faith teaches me not to fear death. I don't - it's all faith ya know. But, so many people do. And, as a topic people flee from it as fast as they can. Perhaps it is why so many people die without a will. As I tell my clients “we are all terminal.” Or as the band Simple Minds states “no one gets out alive.” In simple accounting terms, it is in fact, just a timing difference for us all. So is fear the reason why so many people do not have a will? I believe so. Statistics continue to support the fact that 60% to 70% of the US adult population does not even have a basic Last Will and Testament. In my practice, it seems much higher.
Most clients don’t realize that even famous people fail to execute wills. People like Abraham Lincoln and former NFL star Steve McNair.
Perhaps it is because attorneys make estate planning so boring. I mean fill out the in-take form, basic docs, sign here, a witness here, a witness there. Boring! I mean think of all the really cool things you can do with your estate planning. Just disinherit someone for God's sake! Having your will prepared should not have to be pre-planning your funeral - it should be fun!
Recently, while my associate Lindsay Sherp and I were at the probate clerk's filing desk in Dallas county we were proclaimed to be the "fun" probate attorneys. Yes! We intend to live up to our new title!
Most clients don’t realize that your will provides a great wealth of information about you as well - the state of your family, your wealth, status … etc. It is in fact, a mini family information time capsule. Since it is generally a public document after being filed it can also provide a great wealth of information for genealogical research. I was thinking about placing a haunting provision in my will - "I WILL HAUNT ANYONE WHO READS MY WILL AFTER THE ENTRY OF THE ORDER APPROVING THE INVENTORY, APPRAISEMENT AND LIST OF CLAIMS" Come on people just a little probate lawyer humor! Just look at some of the early wills probated in the Probate Courts of Great Britian - just awesome! Yes, I have looked and they contain some really interesting provisions - lots of specific bequests. A while back, I even reviewed some historical wills in my own family. It was great fun.
In closing .... get a will, yes . . . get a will! ... Ramble On!
Now my Christian faith teaches me not to fear death. I don't - it's all faith ya know. But, so many people do. And, as a topic people flee from it as fast as they can. Perhaps it is why so many people die without a will. As I tell my clients “we are all terminal.” Or as the band Simple Minds states “no one gets out alive.” In simple accounting terms, it is in fact, just a timing difference for us all. So is fear the reason why so many people do not have a will? I believe so. Statistics continue to support the fact that 60% to 70% of the US adult population does not even have a basic Last Will and Testament. In my practice, it seems much higher.
Most clients don’t realize that even famous people fail to execute wills. People like Abraham Lincoln and former NFL star Steve McNair.
Perhaps it is because attorneys make estate planning so boring. I mean fill out the in-take form, basic docs, sign here, a witness here, a witness there. Boring! I mean think of all the really cool things you can do with your estate planning. Just disinherit someone for God's sake! Having your will prepared should not have to be pre-planning your funeral - it should be fun!
Recently, while my associate Lindsay Sherp and I were at the probate clerk's filing desk in Dallas county we were proclaimed to be the "fun" probate attorneys. Yes! We intend to live up to our new title!
Most clients don’t realize that your will provides a great wealth of information about you as well - the state of your family, your wealth, status … etc. It is in fact, a mini family information time capsule. Since it is generally a public document after being filed it can also provide a great wealth of information for genealogical research. I was thinking about placing a haunting provision in my will - "I WILL HAUNT ANYONE WHO READS MY WILL AFTER THE ENTRY OF THE ORDER APPROVING THE INVENTORY, APPRAISEMENT AND LIST OF CLAIMS" Come on people just a little probate lawyer humor! Just look at some of the early wills probated in the Probate Courts of Great Britian - just awesome! Yes, I have looked and they contain some really interesting provisions - lots of specific bequests. A while back, I even reviewed some historical wills in my own family. It was great fun.
In closing .... get a will, yes . . . get a will! ... Ramble On!


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