The Importance of a Last Will and Testament

Despite recognizing the importance of having a Last Will and Testament, many adult Americans don’t have one.  The reasons for this vary, but include discomfort at the thought of one’s own death.  For many, thinking about their own death makes the concept real.  As long as they can avoid thinking about it, they can ignore the inevitable.

Unfortunately, failing to plan for one’s death won’t prevent it from happening.  Because of that, it is important to write a Last Will and Testament.

Every Adult Needs a Will

While people often think that only the elderly need to have a will, it is advisable for adults of all ages to have one.  It is especially important for parents of minor children, even if they don’t have significant assets.  Without a will, the State of Oklahoma decides who will become your children’s guardian.  In order to have a say in who will care for your children—should you die before they reach adulthood—you must draft a Last Will and Testament to state your wishes.

Even adults without families can benefit from having a Last Will and Testament.  You have worked hard to earn what you have—your home, your car, your bank account—shouldn’t you have a say in how it will be distributed in the event of your death?  Without a will, your wishes will be irrelevant, and the State of Oklahoma will decide how to distribute your estate.  In order to make sure that you have the final decision about how your estate is distributed after you pass on, you must draft a will.

Keep Your Will Up-To-Date

Once you’ve drafted the will, it’s also important to keep it up-to-date.  If you have a new child after you draft your will, you must update the will to include that child, even if you wish to state that the child will receive no part of your estate.  In most jurisdictions, including Oklahoma, if you don’t name all of your heirs, they or their legal guardian(s) will have the right to contest your will.

James Brown, "The Godfather of Soul", had his will contested in early 2007 because it failed to name the late singer’s youngest son, James Jr., and his widow Tami Rae Hynie (though, there was considerable controversy surrounding the legitimacy of Hynie’s marriage to Brown).

Brown’s will appears not to have been updated since the birth of James Brown, Jr., so it is unclear whether the omission was intentional or not.  The singer’s intention, however, is irrelevant.  Having failed to name one of his heirs meant that Brown’s will was open to contest, highlighting a situation that can happen to anyone’s estate, should they fail to update their will after major life events such as marriage or the birth of a child.

In order to make sure that your will is up-to-date, you should review your will after the following events:

·    You get married or divorced (a change in marital status may void your will);
·    You are unmarried, but have a new partner;
·    The amount of money and/or property you own changes significantly;
·    You move to another jurisdiction (some states do not recognize out-of-state wills as valid);
·    Your executor or a significant beneficiary in your will dies;
·    There is a birth or adoption of a child in your family;
·    You change your mind about the provisions in your will.

Get Your Will Drafted Now

As uncomfortable as it may be to think about it, we are all going to die.  By drafting a Last Will and Testament now, you ensure that your family is taken care of, and that your estate is handled according to your wishes—not the will of the State of Oklahoma.

Contact me today.

Bill Clinton: "No New Taxes." Huh?

You know we're living in very bizarre times indeed when former President Bill Clinton says that new taxes will not solve our financial woes.

Let that sink in for just a moment...Bill...Clinton.

Another oddity to the story is that it was Newsmax to whom Clinton gave that quote.  He said:

“I personally don’t believe we ought to be raising taxes or cutting spending, either one, until we get this economy off the ground."

He continued:

“If we cut government spending, which I normally would be very inclined to do when the deficit’s this big, with interest rates already near zero, you can’t get the benefits out of it,” Clinton said. “So what I’d like to see them do is come up with a bipartisan approach, starting with the payroll tax cuts because they have the biggest return.”

It would appear to most of us that the former President is becoming increasingly conservative in light of his party's failure to do that which they promised in previous election cycles.  President Obama's approval ratings are at record lows and unemployment continues to soar.

Could it possibly be that bipartisan efforts are around the corner?  Perhaps everyone in Washington is finally getting a grip on the reality that our economic situation must take a front seat to everything else.

David

OKC’s Palate-Pleasing Proprietors

The next time someone says to you that there just isn't anything to do or any decent restaurants in Oklahoma City, return the favor by asking them if they ever leave their homes.  Truth is that there are so many incredible locations, I decided to share the names of a few hot spots my wife and I frequent and in no specific order, mind you.

First, there's Sushi Neko.  Located at 4318 North Western, the atmosphere and the food are absolutely amazing.  Award winning Japanese food that will blow your mind.

Then, there's Mushashi's.  Located in the same area as Sushi Neko, Mushashi's is a Japanese steakhouse where the open atmosphere and cuisine is not only delightful, but entertaining as well.

One of my wife's favorites is Charleston's.  Whether it be their prime rib sandwich for lunch or their delicious salads, it is one of our regular haunts for more casual dining. 

Everyone who appreciates Mexican food has been to Ted's and Bri and I are no different.  Ted's is an Oklahoma legend and with multiple locations, Ted's will quickly become one of your favorites too.

And what would dining out be without something sweet?  The Cheesecake Factory is one of our favorites and one for the kids too. 

There are plenty of truly amazing locations for an evening out including, Opus Prime, Mahogany Steakhouse, Cantina Laredo, Mickey Mantle's, and La Baguette.  Sure, there are more restaurants that will satisfy virtually every palate, but I wanted to share just a few because I, for one, am tired of hearing from people that Oklahoma lacks great locations for evenings out.

So, there you have it.  Bon appetit!

David.

Redistricting Suit: Giving Lawyers A Bad Name

We always hear about how everyone hates lawyers - until they need one, of course. But one of the biggest problems we still have in this country is that there are too many lawyers willing to file suit because they are angry or for political reasons.

In an article in the Oklahoman, it was reported that yesterday, State Senator Jim Wilson (D-Tahlequah) filed suit challenging the state Senate's redistricting plan. It also seeks a court order to keep election officials from developing new precincts. In my opinion, this is little more than sour grapes and if the court grants the order, it will throw into chaos our elections next year.

And that is the last thing Democrats need right now...another reason to see voters go to the polls and voice their disapproval.

The bipartisan approach to redistricting in this plan is, to me, fair and beyond reproach. Republican leadership actually reached out to the Democratic leadership and attempted to work together in the redistricting plan. Apparently, not everyone is happy with the plan including Senator Wilson.

As the Oklahoman has reported, the Oklahoma Supreme Court threw out a previous lawsuit by Wilson, but he seems undaunted. Of course, it certainly doesn’t hurt that Senator Wilson is term limited and will not be affected by the suit.

During a time when the state is facing critical business and economic issues, this type of activity on the part of elected officials is a complete waste of time and taxpayer revenues.

Here's to hoping that this suit is thrown out and we can get on to seeing elected officials do that which we elected them to do.

David

Ignoring the Pink Elephant

We have to ask ourselves whether or not we've reached a saturation point politically.  While I love and enjoy the freedoms we have as Americans, I find myself increasingly frustrated with the intense level of tolerance voters have for their elected officials.  In many cases this year, we should be experiencing buyer's remorse, but instead, we're tolerating broken promises and ineffective leadership.

Living in HD100 has been an incredible experience for me and my family, and running for that office was very eye-opening. People throughout the community were candid with me about their concerns, their goals and what their vision was for legislative leadership. Today, it doesn’t really appear that their vision has been fulfilled, but rather has been cast aside much like we’ve seen in other House Districts as well - not to mention the whole of the legislative session being rather disappointing.

Oklahoma as a whole needs to see change, needs more than just “conservative talking points.” We need to see the legislature do that which they were elected to do. We’re seeing problems with infrastructure still, we’re seeing legislators gearing up for their respective re-election campaigns rather than actually doing the work of the people. Every House District in Oklahoma owes the voters of Oklahoma an apology and not just my House District.

On a federal level, it's as though we have lost our collective minds and only on the extremes of the left and right do we hear or see outrage and frustration.  There exists a vast majority of us who are also less than satisfied with our elected officials, but until now, we really haven't heard much.  The reasons are pretty simple:  We have jobs, families, church and friends that take up much of our lives and as long as that isn't disrupted, we seem happy to ignore the big, fat pink elephant in the room.

We have elected officials right now whose only claim to fame is that they went to conferences or signed onto someone else's bill.  Ignoring the voices who voted for them, they continue their surge into the vast wasteland of mediocrity and we seem to be ignoring it.  Not any longer.  I hope you agree with me that the time has come for accountability. 
David