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If it were possible, there's little doubt that we would each opt for
immortality, vitality, and endless good health if such choices were
available. We would most likely agree with Clarence Darrow, the
defense attorney at the Scopes trial, who once explained that "I shall
no doubt act as others do at the last moment of my existence. With my
last breath I shall probably try to draw another."
Alas, even when it's possible to avoid accidents and illness, the
human body eventually declines -- a stark and discomforting reality
that's best faced sooner rather than later.
Over a lifetime we each acquire various goods, some with value only to
ourselves, some with sentimental value to others, and some -- such as
real estate -- with material value. We would not normally allow such
goods to be taken from us in life, why then should we allow that to
happen in the event of disability or death?
In our society either you make your wishes known through the use of a
will or you die "intestate" and allow a state government to use its
best judgment in such matters. Since state rules vary -- and given
that even with the best intentions state officials have no possible
knowledge of your penchants and preferences -- without a will assets
earned over a lifetime will likely be distributed in a way that would
you would never elect.
The only option that makes sense is to plan ahead, but such planning
forces us to recognize that we are each vulnerable and mortal. These
are discomforting notions, and yet it's important to speak with an
attorney and tax professional regarding such matters, and it's
important to do it now.
You need a will so that your wishes at death can be honored, and you
need a living will so that only medical care you regard as appropriate
will be undertaken. But in practice, however, it's not enough to have
a will or living will. You must tell folks that such documents exist
and where they can be found.
What else can you do?
Write out a family history with names, dates, and stories.
Make a list of holdings -- with account numbers and the
physical locations where items are kept -- for checking, savings,
mutual funds, real estate, securities, bonds, insurance, safe deposit
boxes, etc.
Make a list debts which need to be discharged.
Tell people of your preferences regarding funeral services and
burials.
Don't be afraid to make a will or living will now. Such
documents can be revised.
Tell people of your preferences regarding possessions,
donations, and related matters.
Consider whether you wish to be an organ donor. Whatever your
decision, make your thoughts known in advance and with the forms
required in your state.
Have a list of people you would like notified in case of death
or incapacity, including addresses and other contact information.
If you have a cemetery plot, provide information and
documentation.
Speak to those you love and outline your preferences. There
will be a day when such remarks will be enormously valuable.
Long ago, when my wife and I married, my attorney and his wife gave us
two gifts: There was beautiful kitchenware which we use each day, and
there was a will and living will separately for my wife and I. Of all
the gifts we received, none has had greater value than the certainty
of knowing our wishes will be fulfilled in the event of death or
disability.
I'm aware that wills and such are difficult and discomforting subjects
to consider. But having just combed through an astonishing volume of
files, folders, and documents in an effort to determine the wishes and
preferences of a loved one, I have no doubt that pre-planning is the
best way to assure that your desires are known and respected.
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