Creating a will or estate is one of the most important steps you can take to proactively plan for your future and the future of your heirs and beneficiaries. Unfortunately, “The Will” often ends up as a perpetually unchecked box. When loved ones die without a will, their estate moves through probate. 

If your loved one doesn’t have a will, now’s the time to open the channels of communication to create a will, trust, or complete estate plan that protects their interests and the interests of their heirs and beneficiaries.

Have A Will With These Tips

In addition to being a laborious, costly, confusing, and emotionally intensive process, probate is dictated by the court and follows very stringent guidelines for inheritance succession, with no variation. In other words, if your mom wants a favorite painting to go to her artist nephew, that’s not going to happen because that painting automatically becomes the possession of her surviving spouse or child(ren). 

Read Nolo.com’s article, Avoiding Probate in California, to learn more about why probate should be everyone’s last resort.

Meet with an estate attorney (online appointments work, too!)

Estate plans can be quite complex, but creating a will is very simple. We recommend scheduling a meeting with a local, experienced estate attorney to get started. These appointments are fee-based, and the small investment made now is well worth the peace of mind provided by having a will, trust, or full estate plan in place. We repeatedly hear from clients that they sleep better at night and have more peace of mind once they finally get their will and final affairs in order.

The estate planning attorney will let you know what to prepare ahead of time for the meeting. Unless the estate is extensive, odds are the will or trust can be finalized in three sessions or less. 

Update payable-on-death (POD) or transfer-on-death (TOD) info on financial accounts

Most financial institutions offer the ability to name Payable on Death (POD) or Transfer on Death (TOD) beneficiaries. You can do this online and/or complete relevant forms provided by the financial institution. Often referred to as “a poor man’s trust,” POD and TOD instructions offer a simple and streamlined way for remaining funds to go directly to the individuals named by the deceased.

Your loved one can choose one or more individuals, along with specific percentages, in accordance with their wishes. So, let’s say they want a savings account to be split between their two children. In that case, they’d list both children and allot each of them 50%. They may decide you want a specific investment account to be split evenly between two siblings and two grandchildren, in which case they’d name each of them and allow them each 25%. 

Make sure to review and update POD and TOD information annually in case changing life events (marriages, births, divorces, deaths, etc.) alter how assets and finances should be divided.

Don’t forget about advanced medical directives

Leaving a last will and testament is a great help to family members and loved ones because it takes the guessing out of who gets what after a parent or grandparent dies. However, even more, important may be establishing an advanced medical directive.

These forms outline the variety of topics that come up when end-of-life decisions must be made, such as:

• Who do they want to make decisions if they aren’t able to do so (called a “healthcare proxy?)? It’s critical that you ask prospective proxies ahead of time and make sure they feel comfortable supporting any and all of the decisions outlined in your loved one’s advanced medical directive. 
• Do they want to be resuscitated? If so, is there a maximum number of times, or is there a scenario in which they want resuscitation to stop?
• What measures do they want to sustain life? What measures are they averse to? 
• What do they want to happen to their body after they die? 
• And so on

You can read more about creating medical directives from our post All You Need to Know About Advanced Directives. 

Use affordable online will documents

If you’ve opted to create a will without the help of an estate attorney, we recommend using high-quality online estate forms. 

If you can afford to spend a little, we recommend using California Will & Testament documents from Legalzoom, which cost $100 or less. You can also take advantage of free forms offered by the California State Bar or Willforms.org.

Having an objective witness (someone who doesn’t benefit from or have any invested interest in the outcome) sign a DIY will is a wise idea. Examples include a neighbor, a hospice nurse/chaplain/social worker, or a longtime family friend. Their signature supports the will’s intentions if a family member contests the will in court after you die. Video testimony of a loved one reading their written/signed intentions is also a powerful statement, assuming they are of obvious sound mind. 

NOTE: If your parent or grandparent were recently diagnosed with dementia, time is of the essence. If they are still sound enough to make decisions, begin creating the will ASAP to ensure you know what they intended before the progressive disease makes it more difficult for them to make decisions or keep family members and close friends straight.

Have a will to make a list of sentimental items

Are there works of art, collectibles, a particular item of clothing, or heirlooms your loved one wants to go to specific people – perhaps even someone outside of the family? If so, a will is critical because anyone outside of the typical inheritance succession (parents, children, grandchildren) is not taken into account if an estate moves through probate without a will. 

A close second is using a sharpie or masking tape and labeling objects on their underneath or back sides with any relevant details. This might look like, “Great-grandma Jane’s wedding china. C. 1925. Tabitha.” Then the family knows who things should be passed to, and Tabitha receives the china intended for her.

Work With Senior Caregivers Who Take A Comprehensive Approach

Here at HomeAide Home Care, we take a comprehensive approach to caregiving. In addition to providing helpful tips on how to age at home safely and with dignity, we also help clients and their families take action around things like establishing wills, creating long-term health plans, and other processes that are harder to do without expert guidance. Contact us to schedule a free in-home assessment and to learn more about our services.

An advance directive is something that every adult should undertake, regardless of age. Unfortunately, too many adults put it off, assuming they can do it tomorrow, or next week, or in 10 years. The reality is that an unforeseen medical emergency, terminal health diagnosis, or an accident can occur at any time. Advance care planning, which includes an Advance Directive, is a vital step in protecting your family, as well as your own well-being should you become incapacitated or unable to speak for yourself.

Advance Directive 101

Your own advance directive is a very personal and legally binding document (or set of documents) that is set in place to act as your voice when your voice can’t be heard. Situations considered and addressed in an advance directive include:

• Whether or not you want to be resuscitated and by what means. This may include a form regarding which scenarios you want to be resuscitated, and in which scenarios you do not (requires a DNR order).
• Do you give permission for your organs and tissue to be donated?
• The types of life support you are or are not interested in using to sustain your life.
• The length of time you would want extreme measures to be taken to sustain your life.
• How you feel about blood transfusions or dialysis.
• What is your stance on artificial nutrition and artificial hydration?
• What do you want in terms of comfort care?
• End-of-life care?
• Alzheimer’s and dementia care?

While these scenarios are never easy to contemplate, it is significantly easier on your loved ones if you have made this choice before they are faced with very stressful decisions in the event that something should happen to you.

A second part of the advance directive is called a durable power of attorney. This document identifies one person whom you have decided to be your spokesperson at the point where the advance directive would come into play. Choose this person very carefully, and make sure she or he has assured you your wishes will be respected.

How Do I Create An Advance Directive?

The first step is to learn all you can about advance directives and the type of information you want to have included in yours. Once you have decided, it is important that you communicate your wishes with the ones closest to you, such as your spouse, children, and siblings, to ensure they are aware of your wishes and will (hopefully) agree to abide by them.

Once you are ready to draw up the legal advance directive, you can work with an attorney, paralegal, or you can fill out pre-printed advance directive forms yourself. Here is a link to the Advance Healthcare Directive Form for the State of California. When you have completed your advance directive forms, make multiple copies. Unfortunately, if you are in a car accident, medical personnel aren’t going to have access to your advance directive unless or until a loved one provides it. You may want to keep a copy in your glove compartment, purse, briefcase, etc. Also give one to your attorney, family members, and your primary healthcare providers.

If you are living in a retirement community of any kind, provide copies to the administration and/or management personnel. If you use the assistance of a home health care provider, it is a good idea for him or her to have a copy, as well as their employer.

The sooner you take the time to get your advanced care plans in order, the sooner you can rest assured that your wishes will be honored in the event of an unforeseen accident or medical crisis. It can provide peace of mind to you and the ones you love.

Elder law is a type of specialized law practice that is somewhat new and continuing to be developed over time.  There are a lot more specialized attorneys who work in the field of divorce, rather than that of elder law.  There is an increased need for elder law attorneys.  It’s important to research carefully before choosing an elder law attorney.  With care, you will be able to find a litigation attorney who is able to handle your elder law case.

It’s important to make sure that the attorney is legally a litigation lawyer.  In order for an attorney to legally practice, he or she must practice the Bar exam in the state in which they want to practice.  If an attorney moves out of state, they must take another Bar exam to be legally able to practice law in an that state.  It’s important to make sure that your attorney has the legally required license needed to practice law.  Your attorney will only be able to represent you if they have the required state license.

The attorney that you choose should also be very familiar with the elder law field.  Many attorneys practice various forms of law and instead aren’t specialized in just one.  You probably want to choose an attorney who specializes in elder law, so that you know it’s their main focus.  It may be difficult to determine if an attorney is experienced enough to handle your case.

It’s a good idea to ask your attorney a lot of questions.  You will want to ask specific questions about their practice as well as their experience in the elder law field.  You should make sure that the attorney keeps up to date on elder law issues and laws.

You way want to use the internet as a way to learn more about the attorney of your choosing.  If you notice that the attorney has written a lot of pieces about elder law related topics or if he or she is in the news for doing great things in the elder law community, this is a great sign.  If you are unable to find any sort of information on the attorney, this may mean that he or she really is not very experienced.  This can be a bad sign.

You should also feel comfortable with the attorney that you choose.  Not only will you be talking about private matters, but you will need to build a trusting relationship with your attorney.   Make sure that you’re able to get along with your attorney as well as feel comfortable talking about your case.  You may find that an attorney has a conflicting personality.  If this is the case, he or she many not be a great fit for you.  Know that there are many other attorneys that you can talk to get your needs met.

Take caution when choosing an elder law attorney. This will allow you to choose a professional and reliable attorney who can help make a difference in your case.  By not choosing a good attorney, you may face negative results.