So Loving Big Love on HBO -- "Where There's a Will"

Ho, ho, ho, major blog fodder again for just watching one of my favorite shows on tv. I love Big Love on HBO. A recurring theme on tonight's episode was about the Wills. In fact, the episode was titled "Where There's a Will." Love it!

Part of the plot in tonight's episode involved the three sisterwives preparing Wills to determine who would be guardians for their respective children.  It went like this: if something were to happen to a wife and Bill (their husband) then each wife made nominations in their Wills for one of their sisterwives to become guardian. The sisterwives kept changing their minds, but in the end they stuck with nominating their sisterwives in order of their marriage to Bill.

Big Love was right on about the importance of Wills in every family.

In California, a Will is the only document where you can nominate a guardian for your minor children in the event you are unable to care for them or pass away.

Wills are easy to draft. You can see an attorney to have one completed as part of your estate plan or do some homework on Google to find out your state's requirements for a holographic Will.

Comments

[Stan Rule]

Jennifer: I have to take issue with your statement that "Wills are easy to draft." I have seen a number of very expensive lawsuits that could have been avoided if the will had been properly drafted by an attorney. I recognize (in part from reading your blog) that in California it is common for people to transfer their assets into a living trust, but I think there still must be a number of people who rely on their will to transfer most of their wealth. In some jurisdictions, including mine, holograph wills are not recognized. I have spent many hours drafting some wills. I think that doing it yourself is a false economy.

[Jennifer Sawday]

Stan, Thank you for your comments. I agree with your sentiments for the most part.

For most people, having a Will to nominate a guardian for their children even if drafted themselves is a better alternative to nothing.

In California, a Will is very important for parents so they can tell the court who should get their kids in the event of their untimely death. A Living Trust is almost always a good companion to a Will especially when there will be assets to manage on behalf of the children.

It is also my recommendation that an attorney should be consulted when drafting a Will. But since we live in the land of do-it-yourselfers, a properly prepared holographic Will or type-written witnessed Will is usually better than nothing when it comes to nominating guardians.