SOBER THOUGHTS

Make A Will

Charlotte A.Clark-Frieson
Associate Editor

For nearly 40 years, my family has operated Clark Funeral Home in Roanoke, Alabama. This allowed me to observe many commonalities among African-American families.

During those years, one of my saddest observations was the number of black families who had not prepared financially for their homegoing.  My father, who served as a funeral director in our community for more than 20 of those years, used to sometimes say that “black folks live like we think we’re never going to die.”  Maybe we don’t believe we have anything worth willing.   Because of people’s refusal to make their will, I witnessed a lot of unnecessary sadness and disappointment:  I’ve seen families break up; siblings fall out; spouses die of broken hearts because they are literally left with nothing, OR they are left in a position where they have no say over property that may rightfully be theirs.  You can drive through the black neighborhood in our community today, and see numerous properties laying waste, because ownership is yet unresolved because title was never legally passed through a will or deed.   On many an occasion I cried in sympathy for those who often became the victims of the deceased who failed to take care of this very important matter.

Let me share a true story with you:

There was a couple, both of whom were in their senior years (late 60’s).  Although this couple had never married, they lived together as husband and wife for more than 20 years.  During the relationship, she had worked and helped him pay for the property they were living on; helped furnish the home; and literally conducted all kinds of financial business as a married couple.   The male partner had been married and fathered several children during his marriage; however, he had never divorced the first wife, who years before had migrated north, and raised all their children who at the time of his passing were now adult.  When he died, the common-law wife bore all the funeral expenses and the grief associated with the loss of a spouse.  Assuming that after the funeral she would return to their home and live out the rest of her days, she was literally taken by storm ─ at the graveside ─ before the body was even completely covered, when the first wife and all the adult children abruptly confronted her, challenged her right to return to their home, and demanded that she vacate the premises.  With nowhere else to go, disappointed, heartbroken, it wasn’t three months before she, too, died ― aging, ailing, homeless and heartbroken.   Our conversations with her led us to believe that he had taken for granted that everything would be alright; and she being “a woman, (the lesser partner in this relationship),” never pressed the issue or bothered to ask any questions of him.

Most people know that they need a will. Most people without a will have intentions to make out their wills. Yet, surprisingly, many African-Americans — even people of considerable means—die without directing the disposition of their property.

This simple document known as your Last Will and Testament, is one of the most critical – but often neglected – parts of a sound financial plan.
There may be those who are frightened or intimidated by the expense of hiring a lawyer to write their will.  This leads to another fact that most people don’t realize  ―  that you do not need an attorney to make a legal will.   You can sit down and write out your own will with pencil and paper, and have it be just as legal as if an attorney wrote it.  All you need is to make sure it is signed and dated.  Having more than one person witness your will makes it a stronger document.  Having it notarized makes it even stronger.    
Seeing so many black families without wills often complicated the completion of funeral arrangements, which affected our ability to conduct business with many of these families.  So, as a service to our communities, we began to offer assistance in helping families prepare their wills.   Sometime believing that a will wasn’t legal unless prepared by an attorney, people would disregard our offer, but we still continued to offer it.  But, by the same token, we had scores of people who did come in and let us help them prepare their wills. 

At days end, I think we helped a lot of individuals and families.   We have not had a single family come back and say that they had a problem with a will we helped them to write.
Your will allows you to keep control of what happens to your possessions after you are gone.  It allows you to state who you want to be in charge of your affairs.  It allows them to easily manage your affairs without the complication of having to account to any individual or agency.

If you don’t own anything but a mule and wagon, will it to somebody― even if you don’t have children or relatives; find someone you trust to oversee your financial affairs not only while you are alive, but after you die.   Put your wishes down on paper.  What you say won’t be worth a dime unless you say it in black and white. 

******************************************************************************

Some Important Considerations:

What’s surprising is that the rewards from preparing a Will are many, and tremendously valuable. So why do so many of us put it off?   For many people, the stumbling block is a number of simple, understandable, but faulty and potentially costly assumptions. While it may seem that common sense would dictate where your assets go or who will take care of your children in the absence of a Will, it doesn’t work that way.
Why? The answer in a word: Procrastination.
“We’re waiting until __________.”
…until we have children;
…until we buy a house;
…until the business is organized;
…until the investment outlook changes;
…until The grandchildren arrive.
 
But waiting is a big mistake. Change and uncertainty will always be with us: the “perfect time” is unlikely to occur. That’s why the best time to make a will is now.
 
In your will, you can:

1.      Name whomever you choose to receive your property, what each of them is to receive and whether they are to receive it outright or in trust.

Without a will, your state’s intestacy law will make all the decisions for you.

2.     Choose whom you wish to serve as the executor of your estate, someone who will see that your directions are carried out in a timely and orderly manner.
 

Without a will, a court will appoint an administrator to carry out these duties. The administrator chosen may not be the person you would want to serve.

3.     Acknowledge personal and business circumstances. Name a guardian for minor children; make special provisions for loved ones who are in ill health or otherwise unable to handle an inheritance; continue a program of charitable giving; provide how a going business will be continued or liquidated.
Without a will, state law will distribute your estate to your nearest relatives, outright, without looking any further.

4.     Take advantage of opportunities to reduce taxes and administrative costs associated with settling your estate.
Without a will, there are few, if any, opportunities to reduce these expenses.

Making your will is the important first step in estate planning—the process of arranging for the preservation of your property while you live and for the distribution of your property at your death.
 
Another important step is to name an executor who will manage and protect the assets in your estate and see to it that the instructions in your will are carried out. When you name us to serve as executor of your will, you have the security and peace of mind of knowing that what you plan for your heirs to receive, they will receive.

**********
Copyright 2006 by Charlotte A. Clark-Frieson
This article was composed and written by Charlotte A. Clark-Frieson, and appeared in the August 25, edition of The People’s Voice African American Weekly News (www.peoplesvoiceweekly.us).   This article may be reprinted with permission from the author:
Charlotte A. Clark-Frieson
email:  caclarkfrieson@msn.com
322 Wilkie Clark Drive
Roanoke, Alabama 36274
334-863-4885
256-276-8406