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What could happen without a Will?

Sadly, this could be the legacy you leave to your heirs. Think about the results this would produce and then email us for some solutions.

What Happens With No Will?

LAST WILL AND TESTAMENT OF JOHN DOE
(WHO DIED WITHOUT A WILL)

I, John Doe, of Nimrod, Missouri, hereby do make, publish and declare
this to be my last Will and Testament.

FIRST ARTICLE

(I) I give my spouse my entire estate unless I have surviving children, parents, brothers, sisters, grandmothers, grandfathers, uncles, aunts, and relatives to the ninth degree. If any of these survive me then my spouse shall receive the first twenty thousand dollars plus one half the balance of my estate. The remaining balance shall be divided among my children or various other relatives depending on which survives me.

(II) If my spouse and I are both deceased and are survived by children under 18 years of age, the Probate Court shall appoint a conservator for my children, and the conservator shall report to the Probate Court each year and render an accounting of how, why and where he or she, spent the money necessary for the proper care of my children.

(III) The Probate Court shall also require a Performance Bond to guarantee that the conservator exercises proper judgement in the handling, investing and spending of my children’s money.

(IV) When my children reach age eighteen they shall have full rights to withdraw and spend their share of my estate. No one shall have any right to question my children’s actions on how they decide to spend their respective shares.

SECOND ARTICLE

If my wife should remarry, her second husband shall be entitled to a mandatory minimum of one-third portion of everything my wife possesses.

(I) Should my children need some of this share for their support, the second husband shall not be bound to spend any part of his share on my children’s behalf.

(II) The second husband shall have sole right to decide who is to get his share, even to the exclusion of my children.

THIRD ARTICLE

Should my wife predecease me or die while any of my children are minors, I do not wish to excercise my right to nominate the guardian of my children. Rather than nominating a guardian of my preference, the Probate Court shall select a guardian.

FOURTH ARTICLE

Under existing tax law, there are certain legitimate avenues open to me to lower death taxes. Since I prefer to have my money used for governmental purposes rather than for the benefit of my wife and children, I direct that no effort be made to lower taxes. There are also some probate costs and procedures I could waive by making a Will, but I elect not to take advantage of those opportunities.

FIFTH ARTICLE

I realize that this Will as written for me by the State of Missouri is not the Will I would have desired. I am truly sorry that I did not have a Will and know that my inaction has made my death a greater tragedy than it already is.

“Deceased – No signature required”

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Planning for the unexpected in the chess game of Life


A Will to Live by

It’s never too early to make a living will. Have you started one?
By Rosemary Carlson • Bankrate.com

[Breaking news- The Georgia State Bar has made available a free sample medical directive for your use. E-mail us for a free copy.]

It could happen at any time. Walk across the street and get hit by a truck. Hop into your car and encounter a drunk driver. Suffer a sudden, acute illness and find yourself hospitalized. Any of these could end your life. Or, they could leave you mentally or physically incapacitated.

If it happened to you, would you be ready? Would you have your affairs in order so your doctor and family would know what your health care wishes are? If not, perhaps it’s time to consider some sort of advance directive so you can control your own health care even if you can no longer express your wishes.

Contrary to what you might think, living wills and other advance health care directives aren’t only for the elderly. Disaster can hit anyone at any age. The time to make your health care decisions for the future is now — while you can. Not only will you assure yourself that your health care wishes will be followed, you will take some of the burden off family members who might be left to make those health care decisions for you.

A will to live by
We tend to use the term “living will” rather loosely. Actually, when we speak of living wills, we’re speaking of a two-pronged approach to making our health care wishes known called advance directives. Preparing a living will is one part of a comprehensive advance directive plan. The other is preparing a durable power of attorney for health care. Together, these two documents can give you peace of mind regarding your health care wishes for the future and are an important part of your estate planning.

A living will is a legal document in which you direct your physician regarding the withdrawal of life support if you become ill and have a terminal condition, are in an irreversible coma or a persistent vegetative state. All states recognize the legality of a living will, though you should check your state for the particulars. In a living will, you can specify exactly what your doctor is to do if you, in his or her opinion, cannot recover from your illness or accident and are no longer capable of making your own decisions. At the very least, your living will should address what your physician is to do about:

  • Cardiac resuscitation
  • Mechanical respiration (ventilator)
  • Antibiotics
  • Artificial nutrition (feeding tube)
  • Artificial hydration (IV)
  • Pain medication and oxygen therapy
  • “Do Not Resuscitate” orders

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