Life is about living, right? So why spend any time at all planning for death? After all, there are few things more certain in life than death and taxes. Once you are dead, unless you are Jesus Christ, you can forget about coming back to life. The best use of my corpse will be pushing up some daisies somewhere.
Alas, my passing is of interest to my financial adviser. For the two years I have had him he has been pushing my wife and I to plan for being dead. These days though, just writing a will is not good enough. You need many documents, all of which are vital for keeping lawyers in Birkenstock and driving their Mercedes Benz. Apparently, in addition to a legally enforceable will, I need Power of Attorney statements, a trust until our daughter is old enough to spend her inheritance wisely and a life support directive. Death is apparently a very complicated thing, at least for those you leave behind.
Just because I am dead, I would not want to burden my loved ones, would I? Hmm, maybe I would. I mean, I do love my loved ones. That comes with the definition. However, from my jaundiced perspective, I have given more love to them in love than I have gotten back in return. Yeah, I know, it’s good to give more than you get. But isn’t the least they can do for me when I am departed to deal with a few inheritance squabbles and tax issues? Knowing my future deceased state, does it require an extra level of love while I am alive beyond which I have already borne out in my fifty-two years of devoted service?
How do I know that this world is real anyhow? It sure feels fleeting. Maybe nonexistence is real and life is surreal. Maybe I am like Neo in The Matrix and when I die, I wake up to find my life was just a wild dream. If life is a dream, why bother with the drudgery like wills and such? Why not just live in the moment and get as much enjoyment as you can from life?
Maybe that’s why I’ve dragged my feet on updating my will. The last one is nearly fifteen years old and was done by a friend, and just so my wife and I could feel comfortable going out of town without our daughter. Because it turns out that planning for your mortality is a complex business. Naturally, this being the United States of America, there is no simple way to make your wishes known. Instead, you need either pricey software or a good attorney or two, and likely both witnesses and a notary too.
Here is my idea of how it should be done: each state and/or county would have a web site. When you want to complete your will, you they would provide you with a way to legally authenticate yourself. You would go onto the web site and be presented with a standard will complete with a number of “most popular” checkboxes and open text fields. For 95% of us, this would work fine. Since I am married, if I die first, I want my wife to get all my stuff. The same is true with her. If we both died at the same time, our daughter would get the bulk of our estate. She’s no longer a minor, but if she were I should be able to fill in that part of the web form where I indicate who would be the custodian of our child, who would oversee the estate, and enter the disposition of important heirlooms. It should take a half an hour maximum, be all done electronically and remain on file in the county clerk’s office. It would be accessible if necessary so properly credentialed officials, like the doctor in the emergency room, could also get the information.
You can write some things in your will that will have no practical effect. For example, do you want your body buried or cremated? Where should your remains go or be placed? Should your body go to medical science? Wills are read weeks or months after the deceased passes, so it is best to tell your family your wishes on what to do with your corpse. Yet, the county could easily collect this information in a central database. Every five or ten years, say whenever you renew your driver’s license, you would be required to recertify your electronic will. All this strikes me as a perfectly logical way the government could become more citizen-centric.
However, because I suspect that my survivors will otherwise engrave, “The bastard didn’t even bother to leave a will” on my gravestone, I have much belatedly decided to work on all these death documents. I quickly discovered why I dragged my feet. They are expensive to get right, particularly if you have lots of money and assets. After all, you do not want your loved ones to deal with complex things like probate taxes. No, you want to create a trust instead and screw Uncle Sam. I called one of the more prominent firms around us and found out that a modest set of these documents cost in the $3000-$5000 range. How many of us has that kind of money to throw around?
There is software you can buy, like WillMaker, but I remain a bit leery that it will not write the proper words or know precisely how to have forms properly notarized, witnessed and filed. So I did the next best thing, and shopped for a discount lawyer. It turns out that if you have to hire a lawyer, this is a good time. Many have been downsized and are scrambling for work, working from offices in their home. I found one via the user comments on Washington Consumers Checkbook. (Warning: you must subscribe to see the user comments, and they are not of much use if you live outside the Washington D.C. metropolitan area.) The lawyer even offered me a recession special: all the right documents done for a little under a grand. This still seemed like a lot of money, but it did not seem outrageous.
It turns out that what matters most is likely not the will itself, but various power of attorney statements and emergency medical directives. Do I want the plug pulled if three doctors agree that I am a goner but I cannot speak for myself? Who should speak for me when I cannot? Who can and should pay the bills or act when I cannot? Like most Americans, these obligations would fall to my spouse, but if she is not available, then who? For now, it seems safer to entrust this decision with a sibling. That may change as we age.
It will probably be money well spent, but in my deceased condition, it will mean nothing to me. We invited Carrie (the attorney) out to our house. She told us much about the legal business of death and dying that we needed to know but about which we would have preferred to remain ignorant. We have been marking up drafts of documents she has cranked out, plodded through other verbose documents and keep trying to remember why we are doing this in the first place.
The good news is that when she is done we will have a set of PDF documents that we can easily update at any time, to name new executors and the like. We hope to have a final signing in our living room a week from Friday.
Dying is ordinarily a messy and depressing business, as is handling the estate of someone. Wills provide some comfort that the process may be less messy. As I discovered watching my mother decline, it is bound to be both messy and heartbreaking for those who go through it. Given these facts, much can and should be done to make it less onerous and expensive. With major economic crises underway, straightening out the business of death and dying is probably on no one’s radar. I hope someday someone will tackle it because the current process is unnecessarily complex and expensive, making it hard for the many who need these documents to acquire them. In the end, it is of most use to those who profit from it.
While death is inevitable, estate planning need not be the equivalent of rocket science. Instead, we could use the time and the money on worthier endeavors like enjoying the short life we were given.