Where there's a will, there's a way

You don't have sufficient assets to worry about making a will? You probably do, even on the proverbial "minister's salary. " But a will serves needs other than financial

Jerry Lastine is director of Stewardship and Trust Services of the Indiana Conference of Seventh-day Adventists.

Patrick Henry may have cried out, "Give me liberty, or give me death, '' but he wasn't so anxious that his widow have the freedom to make a similar choice. He provided for her very generously in his will, then added the provision that if she remarried, such action would "revoke and make void every gift, legacy, authority or power herein mentioned." The bold Mrs. Henry ignored this interference from the grave and married her late husband's cousin anyway!

A will may not solve every potential situation in just the way the individual wishes, but a recent study found that when one has left no will, family arguments are four times more likely to occur than when a will exists. Pastors often have the opportunity to talk with parishioners about the importance of making a will and to help them make decisions about its provisions. Yet pas tors are no less prone than their members (or the general public) to procrastinate when it comes to actually having a will made. Too many people think that signing a will is like buying a one-way ticket to the cemetery and never get around to what they see as a distasteful task.

Actually, estate planning is an exciting and creative venture, the responsibility of all Christians. It can strengthen marriages, provide a guardian for children, avoid taxes, and give peace of mind. A will is the basic tool of estate planning and frequently is the only document needed. As a minister, you can set the example in this area as in others.

Just because you haven't drawn up a will doesn't mean you don't have one. In a sense, the state has already done it for you through inheritance laws. Because Abraham Lincoln, who was a lawyer, died intestate (without a will), his 12-year-old son, Tad, inherited one third of the estate. In most jurisdictions, if you have no surviving spouse or children, your estate goes first to parents, then to brothers and sisters, and finally to other blood relatives. If you have no living heirs, the state takes your inheritance for itself. You can, if you choose, let the state determine what to do with your assets after you die. But if you want to control your own estate, a will is necessary.

You may be one who thinks you don't have sufficient assets to worry about a will. You probably do, even on the proverbial "minister's salary."

You need a will to dispose of any property that is not jointly owned, or assets, such as an insurance policy, that do not have a named beneficiary. Inflation has pushed up the value of real estate to the point that a will has become all the more urgent.

But a will serves needs other than financial. Chances are that your children will never need a guardian, for rarely do both parents die at the same time. But it does happen. Just as you wouldn't leave your children at home alone without a baby sitter, so you shouldn't leave them without making provision for their future. The guardianship of a minor lasts until the orphan reaches his majority, which in many jurisdictions is age 18. Choose someone for a guardian who is about your age, preferably a brother or sister. If you don't have an acceptable relative, pick a person who would raise your children the way you would and who is willing to assume this responsibility!

Advice given to Christians in 1880 is still timely and appropriate: "Wills should be made in a manner to stand the test of law. After they are drawn they may remain for years and do no harm, if donations continue to be made from time to time as the cause has need. Death will not come one day sooner, brethren, because you have made your will. In disposing of your property by will to your relatives, be sure that you do not forget God's cause. You are His agents, holding His property; and His claims should have your first consideration. Your wife and children, of course, should not be left destitute; provision should be made for them if they are needy. But do not, simply because it is customary, bring into your will a long line of relatives who are not needy." (E. G. White, Testimonies for the Church, vol. 4, p. 482).

Here are six steps to consider in making your will:

1. Talk with your spouse about plans and goals. If single, discuss your plans with a trusted friend.

2. Make a list of your possessions, including cash, real estate, life insurance policies, and personal property. This will save time in the attorney's office.

3. Decide whom you want to serve as executor of your estate. Remember that being an executor is like running a small business, so select someone you can trust.

4. Discuss how you want to distribute your assets. This includes gifts to church organizations, relatives, and friends. Use a percentage distribution formula for monetary gifts rather than stated amounts.

5. Contact an attorney. Don't be afraid to ask the price for drawing your will. Shop around. (Some may want to discuss their plans with the trust service director of their local conference.) Sign the document, making the will valid.

6. Review your will periodically. Just as important as having a will is reviewing it and keeping it current. If you move, particularly from a common-law state to a community-property state, or vice versa, you should review your will. Under the laws of the eight community-property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington), assets acquired during a marriage by either spouse are owned jointly, except for gifts and inheritances. In other states, assets are owned by the person who pays for them.

But you don't have to wait for death to determine the disposal of your assets. A modem estate-planning trap has been the heavy emphasis on deferred giving—the idea, "Wait until you die, and then give your funds to God when you can't use them." Dying charity is a poor substitute for a living gift. True Christian stewardship encourages giving during one's lifetime. Gift giving while alive has rich rewards.

Where there's a will, there's a way.


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Jerry Lastine is director of Stewardship and Trust Services of the Indiana Conference of Seventh-day Adventists.

October 1983

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