THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Sunday, October 30, 1994 TAG: 9410270066
SECTION: HAMPTON ROADS WOMAN PAGE: 10 EDITION: FINAL
SOURCE: BY DEBRA GORDON, STAFF WRITER
LENGTH: Medium: 73 lines
IT'S SOMETHING we don't like to think about it, but yet it's something that is going to happen. We're all going to die.
But what happens to our estate, our possessions, our bank accounts and our children is up to us.
If we plan ahead and make a will.
``You'd be surprised how many people don't have wills,'' says Norfolk lawyer Dana Adler Rosen at Rutter & Montagna.
``But as soon as they have a child, they should immediately go out and make a will because if something happens to them, they need to consider guardianship of the children.''
Even without children, however, still you should have a will, Rosen says.
If you die without a will - called dying intestate - the state determines the disposition of your possessions. It might only be your grandmother's china, but do you really want some faceless bureaucrat determining who gets it?
``It's not a matter of how much money you have, but that it's your life and possessions and you can decide who gets what,'' Rosen says.
If you're married and you die without a will, the state gives everything to your spouse, regardless of how many children you have. As for the children, the court may appoint a guardian if they're minors - and it may be someone you wouldn't have wanted.
For Mindy and Jeffrey Katz of Virginia Beach, the birth of their first daughter seven years ago prompted them to prepare a will.
``We wanted to make sure that if, God forbid, something happens, the people who we want our children to be with is who they're with,'' Mindy says.
Recently, the Katzes revised their will to include their younger daughter, now 3.
Preparing the will was emotionally draining, Mindy says. ``You're talking about your death and the death of your spouse; and it's very concrete about what happens if he dies, or if I die or if we die together.''
Additionally, the Katzes prepared durable power of attorneys and advanced medical directives, which state what kind of medical care or intervention they want if they are incapacitated or unable to communicate.
Drawing up a will is not very complicated - there are even books and computer programs to show you how to do it yourself. Rosen recommends, however, that you hire an attorney to ensure everything is done right. It generally costs between $200 and $500 for a simple will.
And don't try to be cute and videotape your will. Experts say it won't hold up in court.
Virginia has a self-proving will, which means your heirs don't have to hunt down the original witnesses to the will before it is probated, or proven that the will is genuine. Other states require this. So Rosen recommends updating or rewriting your will if you've just moved to Virginia from another state.
Virginia also requires that your executor or administrator live in the state. Rosen suggests they reside locally, because they have to probate the will in the courthouse.
The executor doesn't have to be a member of the family, she said. It can be a lawyer or a banker. ``Sometimes, especially when dealing with a large family, it's better to have an impartial person be the executor,'' she said.
You can name anyone you want in your will, but you cannot leave out your spouse. If you disinherit your spouse, says Rosen, he or she can still claim part of the estate.
And if you're separated but not divorced, she said, it's even more important to have a will.
``Do you want this guy you hate getting your entire estate?'' she asked. Instead, she recommends divorcing spouses sign an agreement that disclaims their share of the other's estate. ILLUSTRATION: ADRIANA LIBREROS
by CNB