I Need A Will. Now What?

For most people, some life event will usually prompt them to start seriously thinking about planning for their own demise.  Maybe it is the death of a loved one, a birth, or prompting from a friend or colleague. Whatever the case may be, we can be assured that we will not live forever.  When I talk to people that want to get serious about the process, they frequently want to know what they can do in advance to maximize the productivity of our meetings.  I have a deep affection for lists, so, without further ado:

       1.   Compile a list of assets and liabilities.

The value of what you own will likely play a large role in your overall estate plan.  How your assets are owned (jointly or individually) is also important.  This may seem like a daunting task, but unless you are as wealthy as Mark Cuban, it is not as difficult as it would seem.  While you are creating your list, it is a great time to compile supporting account statements, deeds, vehicle titles, etc.  If you have all of these documents in a centralized location, you will make someone's life much easier down the road.

       2.  Think about who you want to wind up your affairs after you are gone.  

Remember that person whose life is going to be made easier I mentioned in number 1?  They thank you in advance for taking number 1 to heart.

       3.  Think about who you want to take care of your minor children.        

If you do not have minor children, feel free to continue enjoying your peace and quiet while you skip to number 4.  If you do have minor children, you may come to find that you and your spouse/significant other may not immediately agree on this topic.  I assure you, this is a conversation you would rather have in the comfort of your own home.

       4.  Determine who/what you want your assets to go to.    

With some limited exceptions, people have fairly broad discretion to distribute their assets as they see fit after their death. However, unless these wishes are outlined in an enforceable Last Will and Testament, the State will make this determination for you.  Based on the State of Illinois' track record, that is probably not a risk you want to run.

       5.  Write down the questions you have.

This seems unnecessary, but writing questions down as you think of them will ensure that they are not forgotten or overlooked.

I have to admit, contemplating my own mortality is not enjoyable.  But, in my mind, protecting the assets I have worked hard for, and assuring my loved ones are cared for, far outweighs that somewhat uncomfortable reality.  It is also important to remember, just because you have a Will does not mean you are required to use it anytime soon.    

Unintended Consequences

This article provides an excellent cautionary tale about "cheap" legal forms.  This do-it-yourself form was probably fairly costly to Aldrich's brother:

http://www.abajournal.com/mobile/article/e-z_legal_form_proved_to_be_complicated_in_litigation_over_wills_missing_re/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

A Tribute To My Friend

It is difficult to believe that a year has come and gone, but it has.  On this day in 2013, I learned of John’s passing.  I was overcome with sadness and had so many questions.  I still am, and I still do.  John was so many things to an innumerable amount of people.  His positive and upbeat disposition was absolutely contagious.  If you ever came into contact with John, you remembered him and you probably had a great story to tell about your encounter.  That’s just the kind of guy he was.

To me, John was my coach when I was younger and a colleague when I came back to Lincoln to begin my career.  As I became involved in local boards and local organizations, John was always there.  He was not involved because he wanted the notoriety, or the power, or the prestige.  He certainly was not in it for the pay, because there was not any to be had.  John was involved with the community because he loved it.  By volunteering, he reciprocated the love everyone in the community had for him.  He contributed his time to our community willingly and unselfishly.

His incredible impact on the community, and beyond, has been readily apparent over the course of the past year.  A golf tournament that was held to raise money for veterans in his honor boasted a spectacular turnout, with golfers traveling great distances to participate.  A local basketball tournament which he spearheaded the creation of was renamed in his honor.  People turned out in droves to attend his visitation and memorial service.  The list goes on.

He wore many hats during his lifetime, but the most important hat he ever wore in my presence was “friend.”  From the impromptu “bachelor party” he threw me in Chicago, to having a candid discussion about an issue facing a local organization, John was always a friend.  He valued input and, even if we disagreed, he always showed me an incredible amount of respect.  Mostly, he always cared.  For that, I will be forever grateful.    

As I learned many years ago, death cannot kill that which never dies.  I still wish he was physically with us, but his friendship and spirit are immortal.  Until we meet again, cheers my friend.              

Transparency...Unless Your Name Is Lisa Madigan

Anyone who has ever dealt with a public entity is probably familiar with the Freedom of Information Act (FOIA). A portion of the Illinois FOIA states, "The General Assembly hereby declares that it is the public policy of the State of Illinois that access by all persons to public records promotes the transparency and accountability of public bodies at all levels of government. It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act."

If there is a dispute with respect to a request made under the FOIA, the Attorney General's office, more specifically the Public Access Counselor (PAC), is charged with ruling on the dispute. Recently, I was reading a blog post about yet another decision the PAC made in favor of a requester and against the municipality. Since I receive the post via email, a related link at the bottom of the email caught my eye. It was entitled "FOIA Request for Attorney General Records Denied as Unduly Burdensome." The entire post is available at: http://municipalminute.ancelglink.com/2013/10/foia-request-for-attorney-general.html?m=1

The gist of the case was that the Attorney General received a FOIA request, denied the request, and then rubber stamped their own denial as appropriate. Anything about that seem strange? All I can think of is Lloyd telling Harry that you "can't triple stamp a double stamp." Dumb and Dumber may be horrendously stupid comedy, but their logic is now being cited as legal authority by our State Government.

To make it even worse, the Circuit Court and the Appellate Court agreed with the Attorney General with no mention of the conflict. Although the reasoning of the Courts was fairly sound reasoning, the blatant conflict of interest here is mind shattering.

Let's take this a step further. Connie Citizen files a FOIA request with the State of Illinois Redundancy Department of the State of Illinois. The Redundancy Department denies Connie's request, knowing that the disclosure of the requested records would be very damaging to the Redundancy Department if they were to be sued by Connie. The Attorney General then rubber stamps the denial. Isn't that the same Attorney General that would be representing the Redundancy Department if they were to be sued by Connie Citizen?

Seems to me that the language in the Act stating "accountability of public bodies at all levels of government" does not apply to the highest level of government at all. But, then again, if the State government had to operate with transparency, how could they continue to have such a stellar record of efficiency.

Want some real enlightenment? Take a look at the yearly salary of our illustrious Attorney General and the amount of money she has spent to convince the unsuspecting citizens that she knows what she is doing. Mind blowing stuff.

I am still anxiously awaiting a response from Ms. Madigan to a letter I sent her in March of this year. Maybe she will shed some light on this subject at the same time.                





   

I Am Obamacare

I am Obamacare.  I am a thirty (30) year old, healthy male with no preexisting conditions.  I have one healthy, dependent child.  I am self-employed and able to provide for my family without any State or Federal entitlements.  My monthly premium for healthcare insurance will increase 32% and my deductible will quadruple under Obamacare.  I am Obamacare.

This legislation will cause industries to suffer.  People will lose jobs or will have reduced work hours because of this legislation.  This legislation will produce catastrophic consequences for healthcare providers.  This legislation perpetuates the growing disincentive to be a productive member of American society.  

I could go on, but I will not.  I have many things to be thankful for in life, but Obamacare is not one of them. Not surprisingly, the government is not even fully equipped to implement this horrible legislation. (Implementation probably would have required more than the 10,000+ pages of regulations instituted by the administration.)  However, when people actually see the outrageous negative impact this will have to those that provide for themselves, they will be none-too-happy.

At some point, those that work for a living are going to get very fed up with footing the bill for the "underprivileged."  Obamacare is a socialistic program; the government playing Robin Hood, plain and simple.  It was a good run America.  Thanks for nothing President Obama.      

Permanent Shutdown

As we take on the second week of the federal government shutdown, I would like to take a moment to recognize how negatively my life has been affected without the federal government at work.

Wait.  My life has not been affected whatsoever. Zip. Zero. Nada. 

If the government shutdown has taught us anything, it is that the federal government is so absolutely worthless that their absence is no worse than their presence. Now that I think about it, their absence is probably better for the country, because they are not "working" and continuing to run the country into the ground. 

Our current Congress does absolutely nothing but attempt to be re-elected.  (This was the case for our President, but unless he succeeds in his run for World Dictator, he won't be running for office again anytime some. His presence is effectively useless, but I digress.)

These people spend so much time running campaigns, it is no wonder they cannot manage to accomplish anything else.  The amount of money they spend doing it is astronomical.  But, can you blame them?  These politicians take home large paychecks, have Cadillac insurance policies, cushy retirement benefits, and God knows what other under-the-table perks. 

This shutdown shows me that these overcompensated idiots are not even capable of intelligent discourse with people of differing opinions. Apparently, they are such mental midgets that they believe the "I'm taking my ball and going home" approach is an effective method of governing.  For hundreds of years there have been differing opinions about how the government will operate. However, these people cannot engage in the give and take of negotiation to do simple tasks, like pass a budget.  If these political leaders cannot do such simple tasks, then what business do they have "leading" our country. There isn't much leading going on in D.C., if you ask me.

I would like to think that my disgust with these worthless humans is shared by many and transcends party lines.  As far as I am concerned, maybe these folks should just pack it up and go home. We'll take it from here. 

Sincerity

As I perused the news this morning, I came across a picture that reminded me of how good Americans used to have it. We used to have leaders in this country that truly cared about our citizens and the betterment of our society.  We used to have leaders that did not get caught up in scandal after scandal.  We used to have leaders that were genuinely good people.  I sincerely doubt our current Narcissist and Chief would ever care enough about another human to do something like this:

Former US President George HW Bush shaved his head this week in solidarity with the young son of a member of his security detail who is suffering from leukemia.