CROSSVILLE CHRONICLE

Opinion

 

Dorothy Copus Brush
"Random Thoughts"

What will Y2K have in store for us?

Y2K is theme as we march from the 1900s to the 2000s. For all the brain power in Silicon Valley, evidently no one thought to tell the computers that they would need to change a one to a two. By the time that fact got through, panic was in the air. The public has been bombarded with all the scenarios of doom and gloom. Stories of "what if" dominate the news.

Many of us remember the same uncertainties when the atom bomb was unleashed, and underground shelters became uppermost in the minds of many. Once they were installed and well-stocked with provisions, the owners were confident they would survive in their mole-like home until it was safe to enter the upper world again. True survivalists added guns to their cache so they could turn away anyone begging to be saved.

Fortunately for humankind the shelters were not used. As for Y2K, we must wait until Jan. 1 to learn if all the glitches have been taken care of. Interesting that we spend time pondering this unknown but turn away from an absolute fact about which the only uncertainty is when.

We are all going to die. Recently, Bill Keane, creator of the "Family Circus" feature, drew an older woman sitting alone, staring into space. The caption read, "Instead of Time marching on the way it used to, now it seems to be running out."

Before it runs out is the time to be sure your affairs are in order to protect the loved ones left behind. Wills were the answer for many years, even though before the heirs were taken care of according to your wishes the will had to pass through probate.
The legal purpose of probate is to establish clear title to, or ownership of, an assets. The experience of going through probate can be described as an agonizing, frustrating experience. It is also a costly legal procedure usually consuming at least a year or more. Pity the person named as executor of a will, because it can be a painful burden.

The American Bar Association recognized the flaws in probate, and some years ago it took action recommending that every state revise its probate code. It pointed out the codes had become bureaucratic and abusive. Few states took any action. It was then that those in the legal community who felt strongly about the problem did some creative brainstorming. The result was offering living trusts to avoid both probate and taxes.

Few of us know all we should about the Tennessee inheritance laws. Local attorney and certified public accountant Wade Montrief received many inquiries on the subject and he prepared an easy to understand one-page summary of the laws.

The first item explains what happens if there is no will nor living trust. Many assume the surviving spouse automatically inherits the deceased spouse's estate. Wrong. Under Tennessee law, if the deceased has one or more surviving children or surviving grandchildren, even if by a prior marriage, the surviving spouse receives only a portion of the estate. There are more legalities everyone should be aware of in the summary.

Everyone should look into estate planning. There are many books, videos and free seminars offered to help you understand the benefits of protecting your assets before that final call comes. And have no doubt, it will come.

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