DO YOU HAVE A WILL?
BY THOMAS D. SCHNEID
Do firefighters need a last will and testament? What are the pros and cons of having such a document?
The law governing last will and testaments and the decedents` estates are normally found in the state statutes. The person who dies with a will is said to die “testate.” Conversely, a person who dies without a will dies “intestate.” Although laws may vary from state to state, most states provide that if a person writes a valid last will and testament, his estate is distributed in accordance with the provisions of his will. However, where a firefighter may die intestate, state statutes normally provide for distribution of the firefighter`s “stuff” in very specific terms. For example, if a firefighter holds title to a house or other real estate and dies intestate, the state statute may provide that the property would go to the children; if no children, then to the spouse; if not married and no children, then to the mother or father; then to the brothers and sisters; and so on down through the individual`s lineage.
A will assists your family in providing for your wishes during a very traumatic period and eliminates potential conflicts between and among family members. Additionally, a will can address very important issues such as who will take care of your children, funeral arrangements, charitable gifts, and gifts of special items (such as your favorite fishing pole, which may have sentimental value). You can assist your family through a very traumatic time by providing guidance as to your wishes.
In some states, special statutory provisions have been provided for what is known as a “Living Will” where you may prescribe the medical treatment to be provided to you in case you are not able to make medical decisions yourself. Some states permit limited medical power of attorney or medical proxy documents to also assist in medical and correlating financial situations. Issues such as course of treatment or lack thereof, organ donation, ability to access bank accounts, and other medical information can often be provided through these documents. Wills can be used in most states; wide discretion is provided to the individuals making a last will and testament as to the items to be included within this legally binding document.
Are you thinking, “I am going to have to sit down with an attorney and discuss, in essence, my death. I do not want to think about these kinds of situations. It won`t happen to me”? Even if you do not want to think about these situations, consider what happens after such a tragedy. In the fire service, there is a potential every time you respond to an alarm that you may not be coming back. Wouldn`t you want to ease the burden on your loved ones should the worst happen to you?
In most states, the formal requirements for making a will are very simple. You normally need to be 18 years or older, be of sound mind, and have it signed in front of one or more witnesses. Most states require that the entire will be in writing, signed, and witnessed.
It should be noted that in some states, a holographic will in which the entire will is in your handwriting and signed may be permitted. Additionally, in some states, videotaped wills and computer-generated wills may also be permitted. The easiest way to find out your state`s requirements is to contact a local attorney to explain the law and develop the will for you. In most circumstances, the cost is minimal ($75 to $150); however, the cost tends to increase with the complexity of the will. Local bar associations and attorneys often will write simple last will and testaments for fire service personnel on a pro bono basis.
You don`t expect that when the bell rings it will be for your last run; however, every year a number of firefighters respond and do not return. Shouldn`t you provide as much assistance and protection to your families and children as possible? Don`t you want to relieve the burden of making funeral arrangement, medical decisions, and other heartbreaking decisions from your family`s shoulders? Firefighters have the opportunity to do this by simply taking the time now to address the issues and codify them in writing. The process can be very formal or very simple, depending on your state laws.
We all will depart this earth at some time. You can prepare for such an event and ease the burden on your family. The choice is yours. The method is available. n
THOMAS D. SCHNEID is a professor and attorney with the Department of Loss Prevention of Eastern Kentucky University`s Fire and Safety Engineering Technology Program. He has a bachelor`s degree in education, a master`s degree and a certificate of advanced study in safety, a law degree, an LLM (master of laws) degree in labor and employment law, and a Ph.D in environmental engineering. He has 15 years of experience as a consultant and attorney for general industry.
