ROCK ISLAND ARSENAL, Illinois (Oct. 30, 2015) -- Recently there has been an influx of clientele within the legal assistance office with questions and concerns regarding their duty and responsibility as executor (male) or executrix (female) of a family member's estate. Almost without question, most people do not have "legal" problems with their loved one's estate. Generally they have what we perceive as "logistical problems." That is where the lament starts "Where in the world are my loved one's important papers such as wills, powers of attorney, deeds, trusts, financial and personal records be hiding? With the advent of the encroaching calendar year looming, now would be as good a time as any prior to the heralding holiday season, to reflect on your life, career and family. When doing so, take into account your own legal needs in addition to your family and friends.
For instance, do you and your spouse have wills? Do you know where said will is located? Does your executor have a copy of your will? Have you had any major life changes such as marriage, divorce, birth, or death of an immediate family member? If you can answer "yes" to any of those questions, and you are entitled to legal assistance services, make an appointment with the RIA legal assistance team. If you are not entitled to legal assistance you should see you family attorney to ensure all your loose ends are tied.
Next, do you have an advanced medical care directive/"living will"? An advanced medical directive or "living will" is separate from you will, but may be an important part of your estate plan. It states that in the event you have a terminal, incurable medical condition and your life is only being prolonged by means of artificially provided life support, and if you cannot communicate your desires, the living will "speaks for you," so that your doctors know and can act upon, your desires about medical life support. The conditions that trigger your living will, and the extent of the medical care to be withdrawn, varies under state law. Your legal assistance attorney can help you decide which state(s) forms to prepare. Once executed, the document is effective until you revoke it, which you may do any time by physical destroying it, or in an emergency, by telling someone who can testify that you did in fact revoke it. An advanced medical care directive "living will" gives your designee the power to not only make medical care decision for you but also to take you off life support when there is no chance of recovery. Same questions as above apply. Do you have these important documents? Have you had any significant life changes as outlined above? Are the above copies in your doctor's and hospital's medical records or accessible to access by your designated executor? Does your designee of the above powers have a copy of the above document?
Finally, do you know the location of all your important legal documents? What about the location of your will, powers of attorney, marriage certificate, birth certificates, death certificates, divorce degrees, other documentation such as investments, insurance policies, ongoing wills, deeds, tax statements, etc. Once you organize yourself, assist in organizing your parents or other loved ones and you will be glad you did.
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