Where There's a Will, There's a Way

cemetery

The proverb where there's a will, there's a way is said to mean that if someone has the determination and desire to do something, they will find a way to achieve it. So, a strong will can overcome obstacles and lead to success. It seems to me that this applies equally well to a different kind of will - a last will and testament. Having one of those will help your heirs overcome legal obstacles and will help you succeed in making sure your estate goes to the people you intended without being tied up in court.

Today my community had a lunch and learn that discussed wills and trusts. We have had two wills done in the past - one when our first child was born, and the second as we neared retirement. They both were filed in Missouri, and it has been weighing on me that things might not go smoothly when one of us dies since we now live in North Carolina. The presenter today confirmed my fear. An out of state will is better than no will, but a death will be incredibly difficult for either one of us without complicating things having to go through probate.

The presentation was very good. I picked up some new information, and some additional things we should take into consideration when we update our will. Or go with a trust, which was not recommended by our attorney in Missouri. But years have gone by and we are in a different jurisdiction, so I'm not sure which direction the new document will go. The sponsoring organization offers a free one-hour consultation to Imagery residents, so I signed up to be contacted for that. This was just the motivation I needed to jump-start the process of updating our estate.

Bloom and Doom

Last week I went to the Missouri Botanical Garden to see what impact our crazy spring weather has had on the plants that were coerced into blooming before their time. Sure enough, the freeze that followed the record-breaking warm days took their toll on some of the early bloomers. Normally the cherry blossoms are a sight to behold, but the cherry is off the bloom, so to speak.

Some of the other perennials are doing okay, though, and it will be interesting to see what other plants have been affected as the season springs ahead. The day I went, the temperature was in the 70's and the garden was overrun with spring-breakers and school buses. It wasn't quite the peaceful experience I have come to expect when I visit. The high winds added a degree of difficulty to my photography, but I managed to get off several shots that I was happy with in the end.

Missouri Botanical Garden

Today Jim and I met with an attorney to draw up a new will. Our original document was done in 1987, and I am pretty sure that no one would be able to find the executor should we both die at the same time. We are planning an epic adventure together, so we want this to be done before we head out.

It is a thought-provoking and humbling experience to go through the (14 page) questionnaire. Who gets what, and in what order? Who can decide to pull the plug on you? What if all of your named beneficiaries die before you - who do you want your stuff to go to? Are there any people you specifically want to call out who get nothing from you? Hmmm...

One good thing that came out of the review process was that I found out that my big life insurance policy still has my older brother named as the contingent beneficiary. So if Jim and I both die, my brother would get the money. Whoops! It made sense when I first took out the policy as my brother and his wife were going to be guardians of the children in case something happened to the two of us. It makes no sense now. I sent off a change of beneficiary form to the insurance company right away. Too bad, bro!

The most impressive part of pulling together all of the various forms and documents that the attorney requested is that I actually found the Deed of Trust on our house. From 1987! I deserve a prize or something, I think. Not to mention the $$$ I saved us, as the attorney would have sent someone to the county recorder of deeds office to get a copy had I not produced the original. Having spent more hours than I care to recall digging through deeds there while researching houses, I was happy to save everyone a trip.

If all goes according to plan, we will have a new will before we are on our way.