Douglass & Runger - November 2020

Battle of the Wills

Zesty Orange Cranberry Sauce

HOW DOES A LIVING WILL VARY FROM A STANDARD WILL? In Tennessee, a last will and testament

and living will serve to protect you through all stages of your life. Each is a powerful document that ensures your wishes are met when you are unable to dictate what you want before and after your death.

Last Will and Testament

Skip the can-shaped cranberry sauce this year and bring a jar of homemade sauce to Thanksgiving instead. This easy recipe can be made ahead of the big event and keeps for 10 days in the fridge. INGREDIENTS

A last will and testament, commonly known as a will, is drafted prior to your death and outlines your wishes for how your assets pass after your death. A will highlights who should administer your estate after your death (your executor or executrix), who should receive what and in what amounts (your named beneficiaries), and who should be appointed the guardian of your minor children. However, when you die without a will or if your will is invalid, you are deemed to have died “intestate.” When an individual dies intestate, his or her property passes to their heirs at law. This situation occurs quite frequently and property may pass to family members who you did not want to receive anything. That being said, there is rarely anything your family can do to prevent your heirs from receiving your property if you die intestate. In order to create a valid will, you must be at least 18 years old and of “sound mind.” You must sign your will in the presence of two “disinterested witnesses” who are non- family members and are also not named beneficiaries in your will. Additionally, the two disinterested witnesses must sign your will as well, indicating that they witnessed you execute your will and that you were of sound mind and disposing memory at the time you signed your will. Finally, a notary public must also witness the execution of your will and sign an affidavit indicating that you signed your will on the date you signed it, that you were of sound mind and disposing memory and that the witnesses signed in your presence and in the presence of each other.

• 1/2 cup orange juice, freshly squeezed • 1/2 cup water • 3/4 cup plus 2 tbsp sugar • 12 oz fresh cranberries • 2 tsp orange zest • Salt to taste

DIRECTIONS

1. In a medium saucepan, heat the orange juice, water, and sugar to a boil. Add other ingredients, then bring mixture back to boiling. 2. Reduce the heat to medium and cook gently for 10–12 minutes, until the cranberries burst. 3. Transfer the sauce to a bowl or jar, cover, and refrigerate until serving. Inspired by OnceUponAChef.com INSPIRATION "Courage is the most important of all the virtues because without courage, you can't practice any other virtue consistently." –Maya Angelou

(Check out our article on Page 2 to learn more about the process of drafting your will!)

Living Will

A living will is drafted to set forth your medical wishes should you become incapacitated. It’s similar in motivation to a medical power of attorney, but it varies in use.

A living will clearly outlines whether or not you wish to authorize the withholding of artificial nourishment in the event your physician decides that you are in a permanent vegetative state and there is not reasonable expectation of medical recovery. Meanwhile, a power of attorney designates the individual who you want to make medical decisions for you in the event you become incapacitated. This individual is commonly referred to as your “attorney in fact.” Both living wills and powers of attorney are essential parts of your estate plan and can ensure that your wishes are honored even though you are not able to make decisions for yourself. Are you ready to begin drafting these documents or need to make changes to your estate plan? Contact our team at Douglass & Runger today! You can learn more about our other areas of legal practice online at DouglassRunger.com.

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