Wills, they aren't just for old people anymore!

Wills are like losing weight.  We know it’s something we should do, but dang it's sure hard to get started!  I’m right there with ya.  I have a confession to make.  I don’t have a will. *gasp*  You’d be surprised how many lawyers don’t have wills.  The professor who taught my wills class also didn’t have a will—even though she is a lesbian in a committed relationship with children!

To be fair, it’s not only the effort of making a will that keeps us on the couch.  What keeps me from writing my will is having to imagine a situation where I won’t be around to watch my daughter grow up.    Despite my knowledge to the contrary, it feels  as though simply contemplating the possibility of my untimely death is enough to make it more likely.  I felt the same way before I purchased life insurance.   Based on that experience, I can tell you that I felt a tremendous sense of relief knowing my daughter would be provided for if I were to die unexpectedly.

When you’re young, single, and childless you may be comfortable allowing the state’s intestate statute govern your estate distribution.  Once you have children, you may not be comfortable leaving their future up to chance.  Who would you want to raise your children if you and your spouse/co-parent die?  How would you want to provide for your children’s care and support?  Who do you want responsible for managing their finances until they are adults? 

It can feel overwhelming to address all of these estate planning concerns at once.  Breaking the process into smaller chunks makes it manageable.  

Over the next few weeks, I will be posting some exercises to help you gather the information and reflect on the important choices you will need to make when writing a will.  The initial posts will focus on the needs of families with young children and later posts will be useful to people in any stage of life.  Please feel free to contact me if you would like to see other topics covered and I will do my best to accommodate your request. 

Let's commit to giving ourselves and our children the peace of mind of having an emergency back-up plan in place by the end of 2011.  Consider it the Year of The Will.  As a bonus, you can do most of the work while in your PJs laying on the couch.  That's an offer Lifetime Fitness just can't beat!

Amanda Swanberg is a St. Paul practicing in the areas of Family Law, Mediation and Wills and Trusts.  http://www.swanberglawoffices.com/

Why it's important to hire an attorney

"A person who represents himself at trial, has a fool for a client."

Maybe you came to this site because you are in a legal pickle.  Maybe you came to this site because you have made a big change in your life (i.e. you've had a child and need a will) or maybe you want to make a big change in your life (i.e. start your own business).  Right now you may be debating whether an attorney is really needed. I am here to tell you that the answer is almost always YES!  Even I, a practicing attorney, consult with and hire an attorney when I or someone in my family has a legal question or a potential legal issue.  I know that hiring an attorney can be expensive and sometimes it feels like all an attorney does is push paper around.  You can fill out paperwork, right? Yes you most certainly can, but when you hire an attorney you probably are not aware that much more goes into legal representation than just filling out the paperwork.  One of the most importance reasons to hire an attorney is that attorneys are able to "issue spot" something very difficult for a lay person or for a person that is emotionally vested in the case.

Attorney Are Trained Issue-Spotters
Attorneys are trained to spot and avoid legal issues to ensure that you avoid pitfalls or traps that could cost you much more in the long run.  People are often surprised that in law school, law students rarely learn particulars about the law.  Instead, the majority of our time in law school is spent on "issue spotting." When I refer to issue spotting I am talking about the detection of potential legal consequences derived from a specific set of facts.

A person that is representing himself in any dispute has much more to consider than just the law that governs the issue. An attorney considers may factors when determining the best course of action for a client:

• rules of civil procedure (how to file, where to file, what court has jurisdiction)
• rules of evidence (will important evidence be excluded?) 
• financial considerations (is it worth it to sue if the defendant has no assets, what form would be the best to set up my business a corporation or partnership)
• ethical considerations
• long-term goal considerations

Attorneys are trained to analyze these and many more factors to counsel you on the best course of action for your legal issue.  You may not understand that a particular course of action may have unintended consequences that you would not be aware of unless you had knowledge about the law.  For example, pleading guilty to a crime could have future consequences that you never even contemplated when you plead guilty - driver's license revocation, potential vehicle forfeiture, a criminal record making it difficult to find employment.  In every area of law, there are consequences that occur for each course of action you take - talk with an attorney to ensure that you know what those consequences are.  You would not take a prescription pill without knowing the potential side affects, do not represent yourself without knowing the potential consequences.

Attorneys Are Not Emotionally Vested In the Outcome.

If you are emotionally vested in the outcome you will not do yourself any favor by representing yourself.  The courtroom is not a place to vent your emotions but rather a place to resolve disputes in a more business like manner. Yes, emotions are a part of many cases but it is not a major part of the case.  It is often difficult for individuals that are involved in a case to separate their hurt feelings from  the facts that are relevant to the law.   I have been involved in cases where the opposing party is representing themselves.  More often than not, the opposing party believes that certain aspects of the case are really important and they focus on those points instead of what matters under the law.  By doing this their case is most certainty lost. Judges are humans and have a limited amount of time, patience, and a limited attention span.  To make a decision a judge will look at what relevant evidence each party presented.  If one party has not provided sufficient evidence that is relevant to the case then that party will lose their case.

When you are emotionally invested in the case it is difficult for you to get a good assessment of whether you should settle or try to resolve the case out of court.  You may think you have a great case but aren't you biased?  You have to remember that you have to be able to prove your case to a jury of your peers who are strangers to the parties and witnesses involved in your case.  Your strong feelings, perspectives, and the dynamics that the case presents are difficult to convey to the jury - whom have never met you, do not understand the background or history of the case, and do not have emotional involvement in the case.  This is why an attorney is necessary - a good attorney can weigh the positive and negative facts of case in a neutral manner and create a course of action to resolve the issue in the most appropriate and cost-effective way.

Legal Representation does not have to Break the Bank.
If cost is the deciding factor in whether you hire an attorney you may want to visit SlidingFeeAttorneys.com. SlidingFeeAttorneys.com is a network of cost-conscious, local attorneys prepared to assist you. You no longer have to represent yourself because you cannot afford to pay high attorney rates.  Our fees are reasonable and based on your income and life circumstances.

Kristen Bullock is a practicing attorney and a founding member of SlidingFeeAttorneys.com.  Ms. Bullock is a first generation attorney who grew up in a working class household and understands the unique challenges that a person of modest means faces when they have an unexpected legal issue.  She founded SlidingFeeAttorneys.com to  provide legal representation to hard-working citizens who make too much to qualify for legal aid but also can't afford to pay  for  high-priced attorneys.  http://www.bullocklawoffice.net/