Now, these names have been changed, and the situations altered slightly so that the real people involved cannot be identified.  But these stories are very real ones.  If you need to take action to protect your loved ones, now is the time to act.   

Pull that Will out and Read it!

Many years ago, Harrison’s daughter married a young man he did not approve of.  Shortly after the marriage, Harrison came to me to write a Will.  At his direction, the Will cut his daughter out of his estate, and also cut out her children (Harrison’s grandchildren).  Years went by.  As so often happens, Harrison not only came to know the young man, but accepted him into the family.  And their son (Harrison’s grandson) became the light of his life. 

Every so often, we send out a letter to our clients asking them to review their documents and come in if they see any changes.  Harrison pulled out his Will, and read the provisions.  He had forgotten about the provision in his Will, and did not want that to be the hurtful way his daughter and grandson remembered him.  Needless to say, he was back in the office as fast as he could come in, to change that Will.  And guess who he brought in to meet me?  His grandson! 

The Granny-napping

Hazel was widowed, with two sons, Bert and Joe.  The sons had dramatically different personalities, and simply could not communicate with each other.  And they lived on different coasts, with busy jobs, so it was easy for them to drift apart. 

Hazel was living in Newport News.  She was diagnosed with dementia, but the boys did not know this.  She was at that stage of dementia where it is common to believe others are stealing from you.  She started calling each son, accusing the other of stealing her money.  You can guess what happened; each son believed Mom.  The boys started trading accusations about the finances, and about Mom’s care.  Finally, Bert came to visit Hazel (in order to protect her from his mean, thieving brother) and she agreed to move into his home. 

Soon after Hazel moved in with Bert, he realized that while his mother was able to tell stories of “the good old days”, she didn’t remember what day it was.  Then he overheard his mother on the phone with Joe, telling Joe how Bert had kidnapped her and stolen her money and wouldn’t let her go home.  Within two weeks, Joe filed a lawsuit claiming Bert had “granny-napped” Hazel. 

At this point, Bert realized maybe the problem wasn’t him and wasn’t Joe.  Bert and Joe still don’t talk, but they jointly asked the Court to have a local agency named as Hazel's guardian and conservator.  That way they can enjoy their mother, and fuss at the agency, without fighting.  Hazel is living in an assisted living facility where she is cared for, and supervised.   

The second marriage

Joe and Karen married, a second marriage for both.  Joe had children from his prior marriage, who unfortunately did not support the new marriage.  This caused a great deal of friction in the family.  Joe brought his home into the marriage.  Karen sold her home, and moved in with her new husband.  Joe and Karen lived happily together in the home for fifteen years. 

Joe knew that he needed a Will, and that he should put the home into joint name with himself and Karen, but always believed there would be plenty of time later to do that.  You guessed it, Joe was in an accident, and passed away without being able to take any action for Karen.  By law in Virginia, Karen was entitled to live in the home until the estate was settled.  However, she only inherited a one third interest in the home she and Joe had shared for all those years.  The home had to be sold, Joe’s investments liquidated, and the children by the first marriage inherited two thirds of their father’s estate.   The children even argued over much of the furniture that was in the home, leaving Karen without many of the familiar items that she and Joe had enjoyed over the years, including many of the cedar chests Joe had made by hand before their marriage.  

Had Joe taken action, as he certainly intended to, he could have protected Karen from the heart-break she had to endure.  He could have still provided an ultimate inheritance for his children, if he wished to do so, while allowing Karen to remain in the home for her lifetime.