I never quite understood ?

First I would like to make it clear that I am not giving anyone legal advice, only sharing life experience situations I have witnessed.

I have a hobby of asking my close friends and extended family members if they have their estate in order, and if they have a will etc.

I have a single cousin who lives out of town who just recently returned from his winter stay in Florida and he callled me this week to chat and bring each other up to date on family, who is still healthy and who is showing their age etc.

Towards the end of our conversation he mentioned that he has to come over to see me professionally and make his arrangements because he is single and alone and his only brother died several years ago, he is alone now in the house,  and he has two houses, in the town where he lives and one at the Cape. During our conversation he said I never had a lot of insurance but I do have a policy for X number of dollars, will that be enough to bury me ? to which I answered, yes that's plenty for a single man, who is the beneficiary I inquired and he said, oh yes my late brother I suppose I should change that, well when I explained that it would go to his brothers children, without obligation to use it for funeral expenses, he said, what ?  that's not at all what I want, but I said that's what will happen, to which he jokingly replied, Oh God I have to hang up and call my insurance company now !

No WILL either ? wow, I just do not understand, now it has been said that people shy away from making their will because when you sign that document you are admitting to yourself, that yes, you are going to die, someday !

I guarantee you this ! we are all going to die, some sooner, some later but we will all certainly come to the end of the road, me too :-( .

There are so many many complications that arise after death if we do not plan. If you own property in the Commonwealth, will or no will, the Commonwealth of Massachusetts places an automatic attachment on your property, which means you cannot, borrow, sell, transfer, remortgage or in any way change your deed, you cannot even sell the decedents automobile, until a satisfactory certificate of probate has been filed and approved with the Commonwealth of Massachusetts, Department of Revenue, proving all probate tax has been paid. And this happens if you have a will, now if you do not ! wow ! I use my cousin as an example, he has no idea that every niece and nephew would have to be contacted, and sign off and would become a beneficiary, and I know that is not what he wants.

If you were to be stricken ill and require long term care, and you do not die, now your property is exposed, you will very likely be forced to surrender you life insurance and use that money for comfort and care not final disposition.

Now when this discussion gets going young people say to me, well I do not own anything, and I have no appreciable money, so no big deal ! Want to make a bet ? you are a young couple working, saving to buy a home or condo someday, now you have a child, and one evening you and you wife have a baby sitter and you go out for a night of dinner and entertainment, on the way home you get hit head on by a drunk driver, you are both killed instantly ! Oh Oh now it has to be determined who died first ! your wife ? if so your family takes over it is assumed you would inherit all of your wife's property ie., cash, pensions, 401K etc., or did you die first ? then her family would be inheriting everything, your family is shut out. Okay I understand given those circumstances you do not care, but what about your child now ? all grandparents are loving, both husband and wife's  parents petition the court for custody of the child, talk about confused the Judge has to say, I am sorry I do not know the background of any of your folks, so until we can sort this all out, most likely your child would end up in Foster care ! Now remember good or bad grandparents, they will represent that child in any lawsuit that results from that accident down the road....Oh God do you see the complications, the misery ?

Planning is so important, so if you are still not prepared to deal with this, at the very least, feel free to call, Telephone 617.484.2088 or 781.893.6260 or stop by my offices, or write to Wayne F.X. Brasco Sr, Administrative Offices, 773 Moody Street, Waltham, Ma. 02453 and request both a preplanning booklet and more importantly the "Five Wishes" booklet which contains legally binding documents concerning, The Person I Want to Make My Care Decisions for Me, The Kind of Medical Treatment I Want or Don't Want, How Comfortable I Want to Be, How I Want People to Treat Me, What I Want My Loved Ones to Know, we will give or mail this out to you without obligation. This was just some more food for thought. I wish All a Happy a Easter !

Wayne F.X. Brasco Sr.
The Brasco & Sons Memorial Chapels Inc.