Monday, March 30, 2009

Preparing your will--good ways and not so good ways

A recent Associated Press story described the various options for a person to write a will. First, the article stressed the importance of a will, "Even if you voiced your wishes to your family, the bottom line is that a proper will bestows a certain authority on your decisions."

The article continues by explaining that a person can hire an estate planning attorney, prepare a will online (or with computer software), or simply write one out for oneself. Here are the pros and cons for each method:

Estate planning attorney--

Hiring an attorney is probably the best approach if want to be sure you're making the most of tax and property laws.

Estate and trust attorneys should also be able to raise financial repercussions you didn't consider. Getting a lawyer's counsel is an especially good idea if you have a sizable estate or anticipate your wishes might trigger a family spat.

Even if your assets are very modest, you might simply get peace of mind knowing a professional is behind the wheel.


Online wills--
A basic will can easily be under $100 in cost. However, "the drawback of online will sites is that they don't offer personalized advice."

Do it yourself--
Although this version is easy and free, it may not be honored in some states if written by hand or if witnessed improperly. Furthermore, "it's easy to forget even basic details every will should include."

A Florida attorney did some research regardin online and software estate planning documents. See his blog entries on the topic here.

As a final aside, consider the backstory and the nearly 30-year saga of an estate in New York, as told by the New York Times. In a stunningly long-term family dispute concerning the dead man's will and his real estate holding, two sisters alleged their mother and brother conspired to divert the sisters' rightful share of their father's estate.

Wednesday, March 25, 2009

My "simple probate" article from the Wisconsin Law Review

In case you are suffering from insomnia, I offer this aid--my published student comment from the Wisconsin Law Review, "A 'Simple' Probate Should Not Be This Complicated: Principles and Proposals for Revising Wisconsin's Statutes for Probate Summary Procedures." Granted the topic has limited appeal (probate attorneys, possibly legislators with too much time on their hands, and the aforementioned insomniacs), but the article explains the quirks of the current system in Wisconsin for settling small estates and offers ideas for improvements.

The article considers "law-in-action" (which is a hallmark of the University of Wisconsin Law School approach) as evidenced by the variations from county to county and from attorney to attorney in how this system is used by practitioners.

Collaborative family law membership

I have recently become a member of the Collaborative Family Law Council of Wisconsin. In an earlier post, I described the collaborative style of law. Members of the council have access to educational and marketing resources, as well as a network of like-minded attorneys and other professionals to work with.

Besides the ways that collaborative law can assist divorcing couples, I am interested in the ways the collaborative approach can facilitate other family legal scenarios, such as estate planning.

Sunday, March 22, 2009

Alternative, low-cost funeral options

With the recession hitting everyone in the pocketbook, many families want to find lower cost options for the essentials--including funerals. Newsweek recently reported on simple funeral services that reduce the expense and overhead of traditional "casketed" funerals. The low-cost options usually involve cremation so that there are no embalming, casket, vault, or cemetery plot expenses. Also, even with a traditional funeral, families may reduce costs by trimming back, such as forgoing limosine services and buying a cheaper casket.

In a similar story, the Smithsonian magazine told the story of one family where a traditional funeral on one side of the family contrasted with the "do-it-yourself" funeral on the other side. For the DIY funeral, the family attended to the body of the deceased at home (with no embalming), built the casket, and delivered the body for cremation.

Although cost wasn't driving the decisions for the family members involved (the two funerals were different largely because of wishes of the deceased and the family), the cost difference was $7000 between the at-home preparation and funeral and the traditional embalming and funeral.
Photo by clearly ambiguous; used by permission.)

Remembering a champion of a disability theology

Most of us have not heard of Nancy Eiesland, and I had not until I read her obituary in the New York Times. Her theology sounds fascinating and her life sounds amazing. Here are a couple short excerpts from the Times:

By the time of her death at 44 on March 10 [,2009], Ms. Eiesland had come to believe that God was in fact disabled, a view she articulated in her influential 1994 book, “The Disabled God: Toward a Liberatory Theology of Disability.” She pointed to the scene described in Luke 24:36-39 in which the risen Jesus invites his disciples to touch his wounds.

. . .

Ms. Eiesland’s insights added a religious angle to a new consciousness among the disabled that emerged in the 1960s in the fight for access to public facilities later guaranteed by the Americans with Disabilities Act of 1990. The movement progressed into cultural realms as disabled poets, writers and dramatists embraced disability as both cause and identity.
According to her husband, as referenced in the obituary, Ms. Eiesland's death was not caused by her disability.

(Photo by bunnyandcoco; used by permission.)

Wednesday, March 18, 2009

New link--Wills, Trusts & Estates Prof Blog

If you are looking for daily news from the mass media and legal sources on all things related to estates and probate, check out the blog by Texas Tech University School of Law professor, Gerry W. Beyer, called Wills, Trusts & Estates Prof Blog.

Most days, Professor Beyer has multiple posts with news from around the country. Some of the news is interesting to any reader (like Anna Nicole Smith's estate--see, now you're interested!). Some posts are decidedly for estate and probate wonks like attorneys and law students, but read a few posts and even the most legally intricate items can hook you in.

For future reference, I've added a link to the professor's blog to my list at the right side of Live a Beautiful Story.

The Very Hungry Caterpillar is as lively as eight 5-year-olds (that's 40)

For anyone age 45 and younger, the children's book, The Very Hungry Caterpillar, was part of growing up. Its author and illustrator, Eric Carle, is profiled in a recent Newsweek story.

His 200-word story about a caterpillar who devours a sausage, a cupcake, a watermelon and more—there are holes drilled into the book to represent all that nibbling—celebrates its 40th anniversary this week. "
In addition to discussing Carle's literary work, the Newsweek story tells of his childhood in Nazi Germany where he was able to connect with art in spite of Hitler's reign of totalitarian control. Ultimately, Carle ended up in the United States, working as a graphic artist and illustrator.

[At 80 years old now,] Carle seems to have reached a sweet spot in his life—he posted a picture on his blog recently of him eating breakfast with a spoonful of his favorite food: Black Forest honey. "I'm very happy," he says. "In fact, I told my wife I've never been so happy." It might have taken him 40 years, but Eric Carle is finally as free as a butterfly.

Monday, March 16, 2009

Sepia restaurant in Chicago

Lately, I've really been wanting to do another food post, so when we went to Chicago recently and had dinner at Sepia, I knew I had my topic.

Besides the great locally-sourced menu and laid-back, chic ambiance, Sepia comes with recommendations from friends and from Michelle Obama!
In January, the San Francisco Chronicle's story about the Obama's Chicago said this about Sepia:
Occupying an 1890s-era printing house, with decor that artfully intertwines the historic (old Chicago photos) and the modern (chandeliers encased in huge cylindrical shades), Sepia is said to be Michelle Obama's favorite restaurant. And its chef, Kendal Duque, was reportedly a top contender to cook for the Obamas at the White House.

"How much is that doggy in the split-up"

Okay, I'm showing my age with that (lame) reference to popular music (of another century, no less). However, the ABA family law listserv recently circulated this appeals case from New Jersey, under the subject of "dog custody." While that label gets attention, the decision is not really about custody at all, with no analysis parallel to child custody (except for a footnote alluding to amicus briefs asking the court to apply a "best interest of the dog" standard).

In the end, the court said the woman should receive the dog, not just its cash value. The court's analysis went like this. Beginning with the finding of the lower court, the court determined that the couple had agreed that the woman would receive the dog when they divided their property upon their split. (The couple was not married, so this is not a divorce case, which is not relevant in the court's analysis.) Next, after the man refused to give the dog to the woman, the court said that she could demand the dog back and not have to settle for the monetary value of the dog. The court reasoned that the dog had sentimental value beyond what the couple had paid for it, therefore, the woman was entitled to receive the dog specifically in the division of the couple's property.

Sunday, March 1, 2009

Financial resources from the Wall Street Journal

For useful tools and news on all types of personal financial questions, whether retirement, investments, taxes, you name it, check out the "Personal Finance" section of the Wall Street Journal. And for ease of future reference, I've added the link to my list on the right side of the blog.