At 70 years old, Sam started thinking seriously about his future. Like many older adults, he wanted to make sure he had control over his medical care, finances, and final wishes. More than anything, he wanted peace of mind — and that meant making some important decisions now rather than later.
Why Planning Ahead Matters
Without a solid plan in place, West Virginia law could make decisions for you — and not always in ways you’d want. Your next of kin may end up with control over your health, money, and even your belongings after you’re gone. That’s why advance directives and powers of attorney are so important.
These legal tools let you choose the people you trust most to manage your care and handle your finances if you’re no longer able. They make sure your voice is heard, even if you can’t speak for yourself.
Understanding Probate vs. Non-Probate Property
Sam learned that not all property is treated the same after death:
- Probate property includes things you own solely in your name — like a car or house — that don’t have a listed beneficiary. These are handled through your will in court after you die.
- Non-probate property includes assets with named after-death beneficiaries. This can include:
- Bank and retirement accounts
- Life insurance policies
- Real estate with survivorship rights
These assets skip the court process and go straight to the person you’ve named.
Importantly, Sam realized he could update these beneficiaries at any time, so they always reflect his current wishes.
What Happens Without a Will?
If someone dies without a will in West Virginia, intestacy laws decide where their assets go:
- First to a spouse
- Then to children or grandchildren
- Then to other relatives
But this process ignores close friends, pets, or favorite charities. If you want to leave something to a non-relative, like a longtime friend or organization, you’ll need a will or to name them as a beneficiary.
Unique Concerns for LGBTQ West Virginians
For LGBTQ individuals, planning ahead is especially crucial. Without legal documents, a partner or chosen family member may have no say in your health care or estate. You must take the extra step to legally appoint the people you trust, regardless of blood or marriage ties.
Don’t Wait Until It’s Too Late
Even married couples need to plan. If one partner becomes incapacitated or passes away, the surviving spouse may struggle to manage things alone. Planning while both are well makes the transition smoother and less stressful.
Final Touches That Matter
Sam also wanted to write his own obituary, pre-plan his funeral and burial, and make sure his wishes were clearly documented. These thoughtful steps take the burden off loved ones and provide comfort that everything is handled.
Peace of Mind Starts with a Plan
Whether you’re thinking about medical decisions, financial control, or what happens to your belongings after you’re gone, planning ahead puts you in charge. WV Senior Legal Aid reminds all seniors: a little preparation now can bring lasting peace for the future.
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