A Model Not To Live By - The Last Will And Testament

The death of Anna Nicole Smith has at least one valuable outcome, even if it is simply serving as a model of what happens if you die intestate, i. e. without a last will and testament.

One immediate point to take here, by the way, is the youth and vitality of the deceased. Few people who knew her, or knew about her, would have believed on that February morning that later that day they would hear that she was dead.

Wasn't there something about, "Ye know not the day nor the hour"?

I may have the quote wrong, but you get my drift. It's best to be prepared at any age if you have real concerns about what is going to happen to your estate, your heirs, or even your remains.

Even if you have not been purposefully following the televised "audition" as some are calling it, it has been hard to escape being exposed to some of the regretful details.

* Multiple claimants for the remains of Anna Nicole Smith - including her mother and at least two boyfriends.

* Multiple claimants for the custody of the child of Anna Nicole Smith - including her mother and at least two boyfriends.

* Multiple claims as to where the remains of Anna Nicole Smith should be buried.

The list goes on, but perhaps worst of all, is the complete uncertainty about the fate of her newborn daughter.

There are lawsuits in progress that may result in large sums of money.

While having an up-to-date last will and testament would not necessarily have solved all of these problems, it could have given the court a clearcut knowledge of her desires and wishes, and that is the ultimate goal of these proceedings...to determine the "will" of the deceased.

Looking at the time, expense, and trouble that this is costing the potential and possible heirs, would-be custodians, and supposed rightful mourners is bad enough, but realizing how much of this cost is being borne by the taxpayers of the state of Florida is adding insult to injury.

Okay, you and I don't have millions of dollars to allocate upon our deaths, and we are sure that our mother, father, spouse, significant other, ___________ (fill in the blank) knows exactly what are wishes are. Do we really? Is it just and fair to assume that these people know who gets the money in the bank, who gets the house, or where we are to be interred. Is it to be the funeral of a veteran, or the burial of a civilian. Do we want to rest in that lovely cemetery beneath the pines overlooking that beautiful lake in northern Arizona, or ashes sprinkled over the Gulf of Mexico?

Years ago, my father died without a will. He and my mother owned the house they had paid for together over the years where my sister and I were raised. They had a shared bank account and some Certificates of Deposit which contained all the money they had been able to save out of both their paychecks. My mother's only income was to be her (reduced) portion of my father's retirement. Under the laws of the state of Florida, my sister and I had equal claim to all of that with our mother.

Fortunately, she had raised us right, and we signed over our rights to the estate without any hesitation or discussion, but, within our own extended family, we have seen the fights that can break out when the "will" of the deceased is not known, and we have seen the divisions and animosity that can develop between previously loving siblings and other family members.

Most of such results can be averted by simply drawing up a last will and testament and clearly stating your desires and wishes. While the services of an attorney, or at least a paralegal, can be invaluable, there are will forms and do-it-yourself last will and testament forms and software available for those who feel that an attorney may be too costly.

Whatever the discomfort of confronting the fact of death or the monetary cost now, however, having a last will and testament will often save a lot more expense and pain in the future.

Donovan Baldwin is a Texas writer and a University of West Florida alumnus. He is a member of Mensa and is retired from the U. S. Army after 21 years of service. In his career, he has held many managerial and supervisory positions. However, his main pleasures have long been writing, nature, .and fitness. In the last few years, he has been able to combine these pleasures by writing poetry and articles on subjects such as health, fitness,yoga, writing, the environment, happiness, self improvement, and weight loss.

You can find information on legal forms and software, including the last will and testament, living will, and living trust, at http://www.legal-forms-supermarket.com/ You can learn more about the importance of having a last will and testament at http://legal-forms-supermarket.com/about/last_will_and_testament.html

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Living Will Form vs. Health Care Power of Attorney Form

A will to live, formally called a living will form, is a type of advance directive. These legal forms are usually required to be notarized or signed and dated by witnesses.

A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.

Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.

End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.

You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform intubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.

These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.

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