Understanding When to Use Living Will Forms

Best Of Los Angeles • May 16, 2018 • No Comments

The consequences of dying without a will

The only things that are certain in this life are death and taxes. It is ironic to think that this is said in a comedic way. It is a dark comedy but comedy none the less. And yet, it is the truth. It is inescapable.

Living Will Forms

It might sound like a cliché to say that everyone dies, but there is nothing that is truer in this world. Nay, the universe. We all die. While this may spur on spontaneity and a spirit of adventure, there should be other things that spring to mind when you contemplate death and your inevitable demise.

That should be your family. When a person dies, any person, there will be people who mourn them. There will be friends and family who will spend days missing their loved one. They should also have had a living will form which they filled out.

Whether the death was expected or sudden, the blow will be enormous. Death may always surround human beings, but that does not mean that we know how to deal with it. We crumble under the grief.

Knowing that your loved ones are going to suffer significant emotional strain in the event of your death, it may be a good idea to start considering a will. This binding legal document serves as your voice once it has left this realm.

It lays out how you wish to divide your possessions, burial arrangement and if you had children, how and who you wish to care for them. A document such as this alleviates some of the stress which your loved ones will be under.

It resolves the practical issues which you leave behind, thus allowing for the time and space needed to mourn. Not drawing up this document could have horrible consequences for the people you leave behind.

Who takes over when you don’t leave a will?

This would be the court. They are the ones who make all the decisions which you failed to make. Generally, they do so without consulting with your family, and they certainly do not consider what you may have wanted.

They make their decisions based on what they think an average person would want. While this may be perceived as the average and safe choice, but it rarely coincides with the actual desires of the deceased.

What decisions do they make?

They are the final say on almost anything. If you had children and didn’t leave a guardian, then they will decide on a guardian. There will be research that is gone into this, but the life of your child is still basically left in the hands of a stranger.

The court also divides your possessions. This includes everything from financial assets to properties with sentimental value. They tally everything up and then share it equally with your family member.

Depending on the circumstances, they could be every person you are related to including aunts, uncles, nieces, nephews, parents and the like. If children are present, then they are awarded the most sizable portion, but this is not always the case.

 

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