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Letters From Cancerland: Getting My Affairs In Order
By: April Nelson; Published: February 17, 2015 @ 2:24 pm | Comments Disabled
Let me start with a disclaimer. Nothing in this month’s column is meant to be perceived or taken as legal advice. If, after reading this column, you have ideas about estate planning, please consult with an attorney of your choice in the state in which you reside.
On my recent trip to Oregon, while 30,000 feet up in the air, it occurred to me that I had last updated my will in 2005, prior to my marriage. It also occurred to me that I have a term life insurance policy (still good for a few more years) in which my husband is not even listed because he wasn’t my husband when I last updated the beneficiaries.
I have an awful lot of loose ends for someone who used to advise clients on the importance of good estate planning.
I hate the cliché that, when a person gets a terminal diagnosis, the doctor in the movie says, solemnly, “Go home and put your affairs in order.” (Maybe they say that in real life too; I know mine do not.) The translation of that grim phrase is “Hey, you’re dying soon, so make sure your paperwork is up to date and your spouse knows where you keep the lockbox key.”
Many of us with multiple myeloma are not told to do this, at least not initially, because we are often prescribed treatment that, if we respond well, gives us additional time. So, instead of going home and putting our affairs in order, we go home and plant a garden, repaint the living room, or plan a trip instead. Not that there is anything wrong with any of those activities, but we still need to be a little more conscientious about putting our affairs in order. Life is uncertain enough as it is. Cars wreck, hearts implode, planes go down. Myeloma is just another one of those end-of-life cards.
So go home and put your affairs in order, if you haven’t already. Here are some things to consider:
Here is a true story of what can happen on the do-it-yourself route. Many years ago, my grandparents had a family member, not a lawyer, draw up a joint will (one will for both of them) because they didn’t want to spend money on an attorney. It was pretty basic: the first one to die left everything to the other, the second one to die left everything equally to their two adult children.
Pretty plain vanilla, as wills go. What could go wrong?
Plenty, as everyone found out when my grandmother died. The family member had my grandparents sign in the witness lines and then signed and notarized the will on the signature lines for my grandparents. In Ohio, each will needs two witnesses. And notarizing a will means nothing.
The end result was that the will was useless. Grandma died without a will, which meant her adult children had rights to her estate as well. They waived that right, but there was a lot of unnecessary paperwork as a result of the mess. My grandpa was angry and blamed the “blankety blank courts.” My dad took grandpa to an attorney for a proper will immediately. When grandpa died several years later, there was no confusion.
Just one last comment: Do what’s right for you. Estate planning should never be set in concrete. Life changes, your ideas and dreams change, family members change. Your goal is to satisfy yourself that your assets, be they dollars, family heirlooms, or just stuff, go to those you want to have them. Most states have statutes that limit disinheriting a spouse; I am not talking about that. But other than your spouse, most states recognize that you can leave your assets to whomever or whatever you want. No one has a “right” to an inheritance. A good lawyer can help make your estate as simple and easy to pass on, sometimes without any probate process, as possible.
Not many admit to enjoying sitting with an attorney and making or reviewing estate planning. People put it off because it means facing the fact that death is always out there. For me, the tradeoff for peace of mind, knowing that it is done, makes up for that. It beats wondering about that insurance policy mid-flight to Oregon.
So go home and get your affairs in order. I’m already working on mine.
April Nelson is a multiple myeloma patient and columnist at The Myeloma Beacon. You can view a list of her previously published columns here [1].
If you are interested in writing a regular column for The Myeloma Beacon, please contact the Beacon team at .
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