Mike McAllister was just fifty-one when the unexpected happened. He had been ignoring the warning signs for years from his wife and family physician. “I’m too young to worry about checkups, and with my busy schedule, I just don’t have time to exercise,” he often told himself. Wasting the time and money on a “Y” membership that he would never use seemed to him to be ridiculous. Besides, he had another twenty or thirty years before he needed to slow the pace and settle into a well-earned retirement.
It happened as he was driving back from an out-of-town business trip to St. Louis. He reminded himself of the time when he could drive all night and still manage to hit it hard at the office the next day. Lately though, he found that no matter how much coffee he downed, after four to five tense hours of driving, the droning of the tires, the rhythmic wipers and haloed headlights all took a toll. “Just a few more miles. I can do it,” he whispered under his breath. “Tomorrow is a big day. I have a sales meeting with the largest potential client I’ve landed in years,” ignoring the subtle twitch building in his left eye.
He was hungry, but there was no time to stop. He was on a mission to drive straight through to his home in Franklin, Tennessee. His only stop had been to fill the tank and grab a third cup of black coffee.
On the outskirts of Paducah, he developed a sharp, searing pain in his chest. His breathing became labored, and he started to suffer a pounding headache as beads of sweat formed on his forehead and neck. His vision became blurred to the point that with the heavy rain, it was all he could do to focus on the white lines. As he braced himself against the steering wheel, he reached for his phone to call his wife, Christy. But the phone slipped from his wet palm, slid to the floorboard and became lodged against the passenger door. Reaching down to retrieve his phone, his attention was diverted for a few seconds, but just long enough to veer onto the right shoulder of the road. Hearing the loud noise of the tires striking the rumble strips, he panicked and instantly jerked the wheel to the left. But he over compensated, sending the car veering across the highway and spinning straight into the path of an oncoming semi.
The days and weeks that followed this tragic accident left his wife, Christy and their two teenage daughters in unchartered waters. No plans had been made for this untimely loss. Mike had no will. There was still a significant mortgage on the family residence. Christy worked only part time to cover some of the household expenses, but since the pandemic had focused more on the girls and church functions. Twenty-three years of marriage was over in a blinding instant. The insurance had just been sufficient to cover the funeral and burial and a few debts. Now came the hard reality of possibly selling their home in order to adjust to a more modest scale of living.
This account may seem to some as merely a tragic twist of fate. But unfortunately, this scenario, or one very similar, occurs all too frequently. I have had clients who, for one reason or another, put off their appointment to discuss a will or estate plan. One in particular whom I had represented for years called me out of the blue from his hospital bed in a cancer ward urging me to come to his bedside and bring his will. He had waited too late. He died before arrangements could be made to meet and sign his last will and testament.
The list of items which require prompt attention following one’s death are myriad.
Securing property
Ordering death certificates
Notifying financial institutions
Collecting any receivables
Notifying Social Security
Contacting any insurance companies
Safeguarding valuables and assets
Tax matters needing attention
Initiating probate
Administering the estate
Too often, these concerns are laid at the feet of a grieving spouse or family member. A simple will or estate plan is an inexpensive way to avoid this hardship. Consultation with an attorney versed in estate matters can bring peace of mind and protect against the unexpected.
—Larry L. Crain, Crain Law Group, PLLC
www.crainlaw.legal, 615-376-2600
