My neighbor died almost 3 years ago

[Iwillnevergiveup]

of cancer and left no will. She purchased her condo in '82, the conditions under which leave it in probate until 2012. So her 80-something year old sister and niece got stuck paying her property taxes and condo fees for 6 years. If she had had the opportunity to discuss end-of-life issues with someone, they might have been relieved of this tremendous financial burden.

[Duke Newcombe]

1. That's a damned shame...

Let this happen to someone they care about, and the idiots talking "death panels" will WISH they had them.

[timeforpeace]

15. Stuck with the fees but they also own it, right? So what's the problem?

[Tangerine LaBamba]

2. This situation has nothing to do

with end-of-life counseling.

She should have seen a lawyer, not a physician, and executed a will.

Legal, not medical issues here.....................

[Hekate]

3. Just talking it over with any professional can help a person see the whole picture...

A lawyer might ask: Have you made a Living Will?
A doctor might ask: Have you made a Will?

Not a bad idea, you know.

Hekate

[Tangerine LaBamba]

4. If she had reached the age of 80

without a will, I don't think anyone could have talked to her about anything.

My experience with people who die intestate is that they're absolutely terrified of death, and doing anything even remotely reflecting their own mortality is anathema to them.

That's the very primal fear that the rightwingnuts are playing to with this "death camp" nonsense.

But the situation in which her condo was left was purely a legal issue, something she chose not to address........

[TexasObserver]

5. Recommend ... with comments about the importance of a will.

Doctors sometimes suggest to a patient whose death is inevitable that they get their affairs in order, but that doesn't include the admonition that they need a will.

If a will is to have its best chance at surviving any challenge, it is imperative that it be written at a time when the ability of the person to competently make a will is not in question - known as "having testamentary capacity."

It is also best if the will is written at a time that eliminates the likelihood that the person is not being subjected to undue influence. As a person nears death, they are more likely to be the subject of undue influence - say, by the family member who holds the most sway over them.

Your point is a good one, however, and one that cannot be stressed enough. If you don't have a will, the laws of your state will fill in the blanks, and your estate will be handled under a process for those who die intestate - that is, without a will.

You should also try to make sure your will is self proving. This is an affidavit that is witnessed, and helps to later assure your will can be proved up in court without much chance of its authenticity being attacked.

Finally, you should make sure copies of your current will are distributed to family members. They can't get your will enforced if they don't have it.

[Iwillnevergiveup]

6. The cancer treatments went on for years

and all her energy seemed directed at beating it. Her surviving sister is older and the niece got rebuffed the few times she approached the subject of end-of-life issues. "I'll be all right - I've got years ahead of me - my doctors know what they're doing." My neighbor got hospice care at the end, but a few months before that, she did think to ask me if I would put her 2 very senior kitties to sleep after she died. Remaining family was caught in the lurch - they were very surprised she didn't have a last will and testament. I think a medical person could have helped out with great sensitivity here even in terms of involving the rest of the family.

[marshall]

7. What would have happened if they had just refused to pay the taxes or fees?

Since it wasn't their condo and the owner was dead, it does seem unfair to require them to pay for the place.

[Iwillnevergiveup]

9. Good question

But they're the type of folks who would never have dreamed of doing that.

[marshall]

11. I think counseling the woman about a will would take something different than a doctor

Giving legal advice when one is not an attorney is not a good idea. Even the simplest advice can lead to big trouble--I am a librarian and we just show the people where the legal books are. Many many times the people don't have a clue what to do with them. Even though I do know, and some of my colleagues are familiar with law too, we absoulely cannot give them anymore advice.

Perhaps this is a need for another needed service. Nothing has been mentioned to my knowledge about a move for end of life legal care. Maybe during his second term Obama can tacke tort reform and overhaul the legal system.

[RB TexLa]

13. There is no requirement for them to pay for the place. They have no obligation to pay for debts of

an estate of someone else. Both entities can place liens on the condo and collect when the property goes through probate and is sold.

[CaliforniaPeggy]

8. That is a shame, from beginning to end...

:(

[Historic NY]

10. I've spent 4yrs & 35k trying to straighten out my 92yr old uncles estate..

its wasn't much money & his will was screwed up which wasn't never noticed after a third change.

[WillowTree]

12. Someone stopped her from making a will?

[timeforpeace]

16. Bush again.

[Wednesdays]

14. K&R

:kick: