Boulder Living Wills Attorney
When a family member dies without a Will – referred to as “dying intestate” is the legalese – the estate goes through probate and a judge decides the rightful heirs, distribution of assets, guardians, and other important questions. Estate, heirs, and assets may sound like much more than you have, but in reality you likely have all three. If you own your house or car, for example, these possessions need to be properly distributed according to your wishes.
You may have minor children who need guardianship, too, which means you need legally sound documentation to ensure that your children end up with the individuals whom you have personally selected. All these items are covered when you prepare a Will.
You Need a Will
Anything you own at the time of your death is considered part of your estate and your assets – your home, your car, your golf clubs, and your Aunt Liz’s teaspoon collection. All of it will be distributed to your rightful heirs. But, if you do not have a Will, it will not necessarily go to the people you want it to be distributed to. Drafting a Will to be sure your whishe are known and followed is a straightforward process. A well-drafted Will can provides certainty regarding your wishes along with an easy, drama-free legal transfer of assets.
Most people believe that only one spouse will die at a time and the other will inherit any property or care for any children. However, as we all know, life doesn’t always go according to plan. When thinking about drafting a Will, many people overlook what could happen if, for example, the other spouse becomes disabled and unable to care for minors, or if they die shortly after the first spouse. If you have a blended family, the situation can become even more complicated. There are all sorts of circumstances that must be planned for in a well-drafted Will.
You Need a Living Will
A Living Will (sometimes also referred to as an “Advance Directive”) is important in the case that you have an incurable injury, disease, or terminal illness or condition you are unlikely to recover from. It is your statement detailing your desires for the continuation of medical treatment (or the lack thereof) in circumstances when you can no longer decide. Your Living Will explains whether you want to remain on life support if in what is more commonly known as a “persistent vegetative state”. It also details your desires for tube feeding, artificial hydration, and administration of pain medication. Often family members, who may not agree, are left with the burden of making these decisions for a loved one. We refer to it as a “burden”, because deciding when it is time to let a loved one go, can be a decision that troubles you for the rest of your life. A Living Will can allow you to take that burden off their shoulders and make the decisions yourself.
An attorney can assist you in preparing the documents necessary to be sure your family and loved ones know your desires. It also helps to prevent them from having to make decisions about your life when in an emotional state. Rocky Mountain Healthcare Law’s team can assist you with the drafting and implementation of your Will and Living Will, as well as Durable General Powers of Attorney and Medical
Powers of Attorney. Create peace of mind for yourself and your family by drafting a Will and making known your end of life decisions while you are able as opposed to leaving these decisions up to the state law and the courts