Your Family and The Law

Last week, I wrote about my childhood and passion for protecting families, especially my own. Some much-unexpected things can happen to anyone at any age, and I have first-hand experience with this. Unfortunately I come into contact with many cases where families are hit with disturbing, unexpected, and serious bad news. I was faced with a case once that showed how important it is for people, even young adults, to begin Estate Planning even if they are perfectly healthy and projected to live long, happy lives.

It prompted me to ask: "What is family in the eyes of the Law?"
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During Zach’s early adulthood, he, like many young men, made relationship mistakes. His, regrettably left him with an estranged wife. Seeking to right his first mistake and start anew, Zach had divorce papers drawn and prepared to sign. The day before he would take his pen, sign his name, and end an unhealthy relationship, his life was abruptly taken by a fatal car accident. Zach’s father had supported his son’s decisions and when his son asked for help with buying a home, he readily obliged. He and his son pooled their resources, emptied their coffers and bought the home.

Zach’s father’s vision for his son ended alarmingly on the day he learned of his son’s passing. His stress was only compounded by the fact that the house that he had spent so much of his money in helping his son to purchase would by law be given to Zach’s estranged wife. His father could not bear the fact that a woman who had hurt his son and had very little to do with his family would now possess the most valuable thing in his son’s possession.

The moral of the story is that the law does not take into account the reality of family. It only knows what is on paper—that Zach was married to a woman, and so must wish that all of his earthly possessions be given to her. It did not take into account that he would sign separation papers in less than 24 hours or that the house was purchased with a significant portion of the cost being picked up by someone Zach’s estranged wife barely knew.

The moral of the story is that the law does not take into account the reality of family. It only knows what is on paper—that Zach was married to a woman, and so must wish that all of his earthly possessions be given to her. It did not take into account that he would sign separation papers in less than 24 hours or that the house was purchased with a significant portion of the cost being picked up by someone Zach’s estranged wife barely knew.

You need to tell the law on paper how to take into account familial reality. The only way to do this is with a Living Trust, and to plan for your estate. You can never be sure when a tragedy will strike or to whom it will fall upon.

​Call me when you decide to tell the law what family really is.