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Palm Springs Law Blog

Monday, September 21, 2015

Food for Thought - Legal Punch

Food for Thought – Legal Punch

Every now and then, I need to stop and remind everyone about the perils of forgetting to create a Will or a Trust. Sometimes I meet people who say “Who cares about a Will? I’ll be gone! It won’t hurt me!”. I also know lots of people who nod their heads and say “Oh yes, I know I need a Will and I’m really, really going to do it…soon”. Folks who pass away or become seriously ill without estate plans are practically guaranteeing that lawyers will earn hefty fees to clean up the mess. Put some legal punch into your life, and prevent troubles and woes.

Here are some real-life examples of what can happen:

Out in the Cold
Bob and Stu were life partners who never registered or married. They were comfortable in their 24 year relationship. When Stu suddenly passed away, Bob was left with a major problem – Stu never created a Will or Trust. Stu’s two adult children, Laura and Willy, filed a probate petition, and the court appointed Laura as administrator of the estate. The house was in Stu’s name, and Laura decided to sell it to get cash, so it could be divided equally between the siblings, who were Stu’s legal heirs. In spite of living there and sharing expenses for all those years, Bob got nothing and had to move out. The only asset he could claim was Bob and Stu’s joint checking account with $1,516.32 in it.

Under the law, Bob was nothing more than a stranger to Stu. Friends and other relatives were shocked. Bob and Stu cared deeply for each other, and Stu would never have wanted Bob put out in the cold like that. Stu was always certain that Bob would be provided for by the children, but he never did anything to make sure that would happen. Now Stu is gone (and it’s true - he isn’t hurting), but Bob will suffer for the rest of his life. Will your children or other heirs actually do what you want when you’re gone? Only if you put some legal punch into those hopes and wishes.

War Story
Sharon and Jeff’s mother recently passed away without a Will or Trust. Because mom had been in poor health for some time, Sharon held a power of attorney to handle her mother’s financial and health care matters during the last year of her life. When mom died, Sharon transferred her checking account to a new bank and took most of the funds from mom’s sizeable savings account to invest in some stock that her boyfriend thought was a “terrific deal”.

After a month or two, Jeff began worrying about how he was going to get his share of the estate. He checked with a lawyer, who told him that a probate needed to be opened in court, and an administrator appointed to pay bills, distribute the assets to the heirs, and then close out the estate. Sharon had no authority to touch the money. Her power of attorney expired when mom died. Sharon was frantic. The stock was going south, and she could be in a lot of trouble.

Jeff petitioned the court to be appointed as administrator. Sharon petitioned the court to be appointed administrator. They battled it out in a series of hearings over many months until the court finally determined that Sharon was unfit to serve because of her unauthorized use of estate assets. Jeff is now the administrator, but the assets are, unfortunately, half of what they used to be. Can you always trust a sibling or other heir to know the law and do what’s right? Only if you put some legal punch into the mix.

Man’s Best Friend
Waldo, age 65, was pleased with his simple life. He had enough money to be comfortable, and he loved his best friend, Tonto, a Cockapoo. One day, Waldo suffered a stroke and was rushed to the hospital. It was clear that Waldo’s memory and speech were seriously affected, and he would likely be incapacitated for a long period.
Waldo’s nearest relatives, a nephew and his wife, came 2 days later to see if they could help. They found a key for the house and went to check on things. Poor Tonto was there, unfed, un-walked and frantic.

The relatives had no place to keep the dog, and no access to Waldo’s checking account to pay someone for its care. They decided to take the dog to the local shelter for adoption. Several weeks passed and Waldo was recuperating in a nursing facility. As his speech and memory improved, his first questions were about Tonto. Was he all right? Who was feeding him? Was it the right food? Could Tonto come to see him?

You know the rest of the story. If only Waldo had planned ahead for incapacity – something that a majority of us will experience some time in our lives – he would have authorized someone to handle his financial and personal affairs, providing a safe haven for Tonto, and assuring his best friend would be at his side as he took his long journey back to the comfort of his home. Have you planned for your possible incapacity? Please put some legal punch into your pet’s future.







The lawyers at Heritage Legal, PC, assist clients throughout Palm Springs, Riverside County, San Diego County, San Bernardino County and the surrounding area.



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