Life is beautiful… But you are going to die.

 

This guest post is from Joshua Lindstrom, Regent Law 2L:

Whether you are a believer in some religion or nothing at all, I can assure you there is an “afterlife.” It might not be in the clouds, but everything you own does not come with you… no matter where you think you are going.

What is the secret to a good afterlife? First, I knew you would ask. I also knew you were going to ask… “Do I have to go to church?” … Not necessarily, but it could help, as there you just might find the secret to a good afterlife – a personal relationship with Jesus Christ.  Secondly, you can enjoy peace also if you … write down what you want to happen to your stuff once you... ya’ know… die.  Here is the catch, it’s hard to write when you are dead. That means meeting the uncomfortable reality eye to eye, before writing becomes a problem.

If you are reading this, you’re probably American, which means you’re lucky. Why? Our law positively protects your right to dispose of your stuff when you die, in any way you see fit. This is not the case elsewhere. Other countries have statutes that dictate who gets what when you die, and your wishes are not taken into account. Why do we do it this way in America? Because… Freedom, baby! Our system is setup to ensure that wisdom long gone will live on making the lives of those to come better… by exercising their own freedom of disposition.  Without writing out your wishes, your state law will dictate the best system to distribute your wealth as they think you would want, and to prevent waste.

Writing a will is a good way to keep the family together when you pass. It’s not guaranteed, but if someone has been eyeballing your stamp collection for thirty years, there may be a fight if they don’t get it from you in your will.  Just because your cousin goes to church doesn't mean he'll exhibit Godly traits when you die and he finds out your stamp collection (or your cherry-red, fully restored 1978 Corvette) is going to your other cousin. A will dictates your wishes, and communicates them effectively to your family, ideally creating family harmony.

You could just about fill the Grand Canyon with cases of people fighting over belongings that weren't theirs a day before the fight. If you think that your loving memory will prevent people from fighting for what was once yours, statistics say otherwise. I read about a case involving a $1,200 painting that was fought over for years and appealed through three court systems. I can't imagine that painting carrying the same sentimental value it once had. I doubt the last wish of the previous owner was to cause a court battle and have their beloved painting converted into a courtroom trophy. My suggestion is that you visit a local lawyer to prevent this turmoil.

Finally, a will is a finicky document, and while you might think you have a will because you wrote something down, it is NOT that simple. There was a case where a probate court enforced the written wishes of man who had scrawled them on a bumper. But he was trapped between farm equipment and died shortly after he was done writing his will on the bumper.  Not the preferred method of creating a will, or of dying.

If you are a military servicemember and deployed overseas, you are one of the few with the privilege to create an oral will by simply telling someone your wishes. The catch is that according to the law in most states, you must be deployed or dying.

There are plenty of cases where someone clearly intended something to be a recording of their will, and if you didn't know any better, you might think it was a will too. Convincing a judge could be more difficult. Are the pages stapled together? It’s more important than you might think. Where did you sign? Also, more important than you might think. What if you want to change your mind? Can you just cross something out and initial? Maybe… if you are about to shuffle off this mortal coil, but if not, the best anyone can say for sure is… it depends.

Because I am not a lawyer (yet), I will skip the lecture on what a good will looks like. However, as a law student, I will tell you that if you're seeking peace in the afterlife, love Jesus and go find a lawyer who can draft a will for you. It might not ensure a peaceful afterlife but is the only guaranteed method to ensure a peaceful wake.