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DIY Wills - By Tim Barkley |
You're standing on a
playing field, a ball in your hand, facing a crowd of
burly guys running helter-skelter around the field. Some
of them seem to be running at you. You weave and dodge.
People are yelling and gesturing, and you heft the ball,
then throw it where you think it ought to go. Big guys
react instantly, violently, and some are thrown to the
ground while others run. Spectators cheer, some jeer, and
you shake your head, wondering what you just did.
You wake up with a jump,
frustrated that you keep having that stress dream from high
school. At least this time you had clothes on. You wish you
knew what game you were playing, so you could try to learn and
remember the rules.
You remember that this is
Saturday, and that you were going to do some research on the
Internet to find out how to draft your own will. There are
just too many forms online for you to pay a lawyer. Lawyers
are just so 1990s!
You find a site that promises
that your document will be effective "in all 50 states."
That's good, you think, because you don't really want to stay
in Maryland forever. Taxes are too high here.
You start selecting options
and clicking in boxes. You select "simple will" and type in
the name of your kids and your executor. You know your estate
can't be anything complicated. You just have a house and bank
account, and a couple of IRAs.
You want everything to go to
the kids equally. Except for grandpa's watch and your guns.
The watch goes to your nephew, and your guns go to your niece,
who's always hunted with you. There's no place to put this, so
you save the will on your computer as a word processing file,
pull it up, and type in your special distributions under
"Distributions" right after the stuff about everything going
to your kids.
You print your will, sign it
and take it to your neighbor's house, and they sign it as
witnesses. Then you put it in your safe deposit box. Then you
die.
Your kids get out the will
and find out that they are supposed to split everything
equally. The next sentence is your special distribution of
grandpa's watch to your nephew, and after that is the
distribution of the guns to your niece. The watch is worth
$2,200, and the guns are worth a little bit more.
If the will says "all to my
kids in equal shares," and then says "watch to nephew and guns
to niece," have you just contradicted yourself? Lest you laugh
and think no one would do this, someone has. Other people's
kids have brought that will into this office. They were
wrestling with whether to give almost $5,000 to their cousins
– or just keep the watch and the guns. After all, "all" to my
kids sounds a lot like everything, and "everything" includes
watches and guns. Did you mean for the watch and guns to go to
the nephew and niece now, or only if your kids didn't survive
you? Nobody knows.
Your kids learn that your
eldest daughter is a joint owner on all your bank accounts.
She informs them that the bank has told her that the surviving
joint owner owns the accounts, and she says you told her
that's what you wanted, because she took care of you. She says
that the others get nothing. They're not so sure that's really
what you wanted.
Then your kids find out that
the beneficiary on your IRA is still your ex-wife. Because you
did your divorce yourself, there's no agreement that your kids
can rely on to demonstrate to the IRA custodian that you
intended to change the beneficiary. They won't make
distribution to your kids without a court order. Then your ex
tells the kids that she was supposed to have the IRA – that
was your agreement.
It's a mess. Your kids wish
that you'd learned the rules of the game before you tried to
play quarterback. |