A slightly different spin on why individuals don’t have wills. As this article, featured in the Aberdeen News January 18, 2022, by Rick Kahler, points out, about two-thirds of Americans don’t have wills. As a Cincinnati estate planning attorney, I continue to be dismayed by that statistic given that 100% of those individuals will pass away. Mr. Kahler delves a little more than most on the subject about why these folks don’t have a will … as well as the consequences of their inaction. He mentions that Prince, who passed away about six years ago, didn’t have a will. I just saw something online this week that his estate is finally being settled after a long and costly legal battle. So much of that could have been avoided had he just had his affairs in order.
Mr. Kahler writes … We’ve made it to the middle of January, the time of year that is the graveyard for so many New Year’s resolutions. Even if you abandon any other resolutions you may have made, though, please consider carrying out a very important one. Resolve to make a will.
According to estate planning attorney John J. Scroggin, about two-thirds of Americans don’t have wills. Perhaps surprisingly, people over age 65 are twice as likely to avoid estate planning as those who are younger.
Surely, though, the rich and famous must be conscientious about estate planning. Not so; those with significant wealth are no more likely to have wills than those with no money. Just a few of the wealthy people who have died intestate (without a will) are Prince, James Dean, Jimi Hendrix, Martin Luther King, Jr., Picasso, and Abraham Lincoln.
My guess is that few of the people without wills would see themselves as failing to prepare for a financial crisis that has significant consequences. It’s true that dying without a will, unlike failing to save for emergencies insure your property, or prepare for retirement, is a consequence-free event — for the deceased. It is anything but consequence-free for the survivors, who are often left to cope with a financial crisis on top of an emotional one.
Not having a will impacts surviving family members in many possible ways: demands on their time, increased complexities and costs to the estate, the strain on family relationships, the need to make decisions about treasured family heirlooms and history. There is almost no upside to survivors when someone dies intestate, only a lot of pain and heartache. Coping with a loved one’s death and carrying out their last wishes is hard enough. It’s even harder for those struggling with what one of my clients described as “would have” estate planning: trying to figure out what the deceased “would have” wanted.
Why would anyone inflict this excess pain on their loved ones? Almost certainly not as an intentional last act of cruelty or neglect. Ironically, it seems more likely that anyone wanting to use their estate to deliberately punish family members would do so by making a will.
My guess is that many times, failing to make a will is based on an unconscious “lesser of two evils” belief that the pain of writing a will is greater than the pain left to those who inherit the mess. Most people not writing a will would recoil at this idea, having no clue of the deeper emotions being covered up by this belief. Instead, they are likely to minimize the situation with statements like, “I’ll get around to it someday,” or “My kids can deal with it after I’m gone.”
Any way, it’s framed, no matter how joking, unconcerned, or gruff the exterior presentation, the bottom line is overwhelmingly strong emotions being kept locked down by avoiding the subject of their death. Admittedly, the process of making a will is challenging, especially sorting through the necessary decisions about one’s legacy. The deeper reason so many of us avoid estate planning, though, is facing the painful truth that the whole process only matters because someday we will die.
It’s common to see asking a parent, sibling, or spouse if they have a will as “none of my business.” It may actually be more your business than it is theirs. Their estate planning, or lack of it, will affect their survivors far more than the decedent. Having the courage to bring up the subject might show them the painful consequences they risk inflicting on those they love most. It may persuade them that making a will is a loving and lasting gift.
Making a will is just one the services I offer, please visit https://davidlefton.com/services/ to learn more. It is always best to engage an experienced estate planning attorney.
For more information about estate planning, probate, or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate, or trust administration, visit my website https://davidlefton.com/ If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526). David H. Lefton is an Estate Planning and Probate Attorney. He is a partner in the law firm of Barron, Peck, Bennie & Schlemmer.
Source: Aberdeen News January 18, 2022, by Rick Kahler