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Don’t Be Like Anna Nicole Smith and Teri Schivo!!!

By Belinda Rachman, Esq

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Published: 10May2007
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If you are like 70% of the population, you don't have a current will even though 100% of us are going to need one. High profile cases such as Smith and Shivo are good reminders why it is so vital to have a current will that says who you would want to raise your children and what kind of medical care you want if you can no longer communicate your wishes. There is NO reason to create the kind of drama, fighting and expense that we have seen in these two unfortunate situations. The simple solution is to have a will and health care directive. It is the last love letter you leave your family.

When I was in law school I was horrified to read all the cases about parents who died in accidents, leaving behind minor children but no directions as to who was to raise them. What almost always happens is that the custody battle between the grandparents results in such hard feelings that the "winner" cuts the "losing" side of the family out of the children's lives. Imagine being an orphan and now you have lost your grandmother, grandfather, aunts, uncles and cousins on one whole side of the family. If you think about nasty custody battles in divorce cases you can imagine what happens when parents die without a current will. Imagine losing a child and the ONLY connection you have to your dead child is your grandchildren. Each side of the family wants custody and if you don't have a will the only way custody will be settled is in court. TOTALLY UNNECESSARY!!!

As a family law attorney I have seen some really ugly divorces. The LAST thing either side wants is to leave everything they own to their ex but that is what happens when a divorced parent dies. The minor children will not be able to take the life insurance policy, business, house or 1968 Camaro so it follows the child to the surviving parent who gets custody of the children and complete control over the dead parents estate. Wouldn't you rather have a trusted family member in charge of doling out your money to the children as they need it?

I know what you are saying, "I have other more pressing things to spend money on than hiring a lawyer to do my will. I will get around to it later." I can appreciate not wanting to spend $500 on a will (Consumer Reports says the national average is $500 for a will). So how about an easy solution that will cost a lot less than $500 and give you and your spouse your own wills and updates each year, access to lawyers 24 hours a day, whenever you need one for any reason. From now on when you have a legal question you will have a toll free number for unlimited free consultations. If the lawyer thinks a phone call or letter will solve your problem, they will do that at no extra charge. You will fax them everything BEFORE you sign important documents so YOUR lawyer is protecting your interests. You will have lawyers to represent you for defensible moving violations in and outside of your state and if you have teenage drivers or drive like a teenager yourself you will want the protection of having a complete defense should you or any family member be changed with vehicular manslaughter or negligent homicide (think of the old man in Santa Monica who ran over those 10 people in the farmer's market or singer Brandy who just killed someone). As long as there are no drug or alcohol allegations, you have a free defense. NO car insurance covers criminal defense if someone dies in a car accident. You have prepaid hours if you are sued, 50 hours of tax attorney time if you are audited, 25% off attorney fees for uncovered matters and nighttime and weekend emergency access to attorneys within 3 rings, again on a toll free number.

What is this amazing thing? Pre Paid Legal insurance. When I saw it I immediately bought it for my family and so can you. For less than a bottle of water a day, you and your family will have the kind of security and peace of mind that has only been available to the wealthy. There are not many lawyers who will admit that the legal system is broken and you can only have the justice you can afford. The way the legal system functions, I would rather be rich and guilty than poor and innocent. It is a crusade of mine to make sure parents of minor children have wills and I was thrilled to discover this powerful product. If you have minor children and no will, act now!

Ms. Rachman has been a family law attorney since 1996 and is just flat out excited that she discovered legal insurance. The American Bar Association has said that pre paid legal plans are the most efficient way for the most Americans to receive legal services. For more information and to sign up go to http://www.prepaidlegal.com/hub/brachman

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