[HFDlist] Article on wills

Wed Jul 11 14:31:21 EDT 2007

Please read this!!

I think we should reschedule the class that Peter Lacy had offered to put on for the department.

14C

Lack of wills leaves families 'in limbo'
By Jessica Johnson (Contact)
The Post and Courier
Wednesday, July 11, 2007

Most of the Charleston firefighters who died in the June 18 Super Sofa Store blaze did not leave behind a will.

Anthony Hayes, an attorney from Columbia offering his assistance in distributing private funds to firefighters' families, said the city of Charleston doesn't know what the firefighters wanted, and the families have been left in limbo.

"The fact they don't have the wills is part of what is causing a notable problem," Hayes said. "It would be wonderful guidance for the city."

Area attorneys who have volunteered to help families settle their estates say they think one of the firefighters who died might have had a will.

Without a will, dissemination of estate assets must be determined through the courts.

Jean Lee, a Charleston attorney, began organizing volunteer legal efforts shortly after the devastating fire.

Lee already has set up a conservatorship for one minor child. But with a will her work could have been easier.

Without a will, a personal representative to handle the estate has to be established in court, and that person must post a bond equal to the amount of estate assets. The court can waive the bond but only if all beneficiaries agree to it. It's one more hurdle that wills eliminate, Lee said.

Roughly two years ago, Mount Pleasant firefighters and emergency responders were offered free will preparation through Hayes' Wills for Heroes Foundation. Hayes launched the program after the Sept. 11, 2001, terror attacks.

His program helps firefighters and other emergency responders prepare wills and designate a power of attorney free of charge.

The Mount Pleasant Fire Department had planned to bring the program back before the Sofa Super Store fire, Fire Chief Herb Williams said, but the loss of nine Charleston firefighters will probably boost participation.

"People don't think about it," he said. "There is this sense that we are going to live forever."

Williams said many people make sure they have life insurance, but they often put off writing a will.

"The thing is, if you fail to make a will, the Legislature will make one for you," Hayes said.

Generally, law dictates that assets will be split between surviving spouses and children. Half goes to the spouse, and the other half is divided equally among any children, Lee said.

Property, bank accounts and possessions would be distributed through probate. However, Lee said, funds that have a designated beneficiary, such as retirement and insurance plans, wouldn't be passed out through the courts.

Hayes said there is no telling what a court might ultimately decide. A will leaves less wiggle room when legal arguments crop up, and, unfortunately, the Wills for Heroes Foundation never was brought to Charleston, he said.

"Without a will, nothing is clear," Hayes said. "You've left people with potentially lots to fight over."

The more than $1 million raised in private fundraising efforts likely will be left out of probate court proceedings. Because the money was raised after the firefighters' deaths, one could argue that it was not part of their estate at the time of their passing, Hayes said.

Donations and memorials

Firemen's Fund: City of Charleston Firemen's Fund, P.O. Box 304, Charleston, SC 29402.

Scholarship: Mail checks payable to Charleston Nine Scholarship Endowment to Coastal Community Foundation, 90 Mary St., Charleston, SC 29403. Call CCF at 723-3635 or visit www.CCFgives.org. Tax-deductible. Benefits first responders and their families.

Firemen's Endowment: Individuals and organizations that require a 501(c)(3) agency to direct money can contribute to South Carolina State Firemen's Association Endowment (Tax ID #56-2254232), Charleston Firefighters, South Carolina State Firefighter's Association, Attn: James Bowie, P.O. Box 211725, Columbia, SC 29221. Questions, call 579-7529.

Fundraising events

Wine pairing: O'Hara & Flynn wine shop in Mount Pleasant Towne Centre. 5-7 p.m. today. $35. Reservations: 810-0088. Benefits City of Charleston Firemen's Fund.

Robert's of Charleston: Robert's of Charleston is holding a fundraising dinner at 7:30 tonight. Three-course dinner, paired with wines, is $125 per person. Make checks out to First Citizen's Bank Firefighters Fund and present at Robert's. Reservations: 577-7565 or 1-800-977-7565. Benefits City of Charleston's Firemen's Fund.

BASKETBALL GAME: The Charleston Golden Knights football team will hold a charity basketball game at 7 p.m. Friday at Danny Jones Recreation Center in North Charleston. Donations will be accepted at the door. Benefits the families.

Garage Sale: The Citadel School of Business will hold a garage sale from 9 a.m.-1 p.m. Saturday at St. John's Fire Department. Benefits City of Charleston Firemen's Fund.

Paintball: Paintball Charleston benefit from 10 a.m. to 8 p.m. Saturday. Open to anyone wishing to help out and have a good time playing paintball. Average cost is $65 for the day. Benefits City of Charleston Firemen's Fund.

CRUISE-in: The Coastal Carolina Corvette Club and several other area car clubs are having a cruise-in at the Tanger Outlet Center near the new Fire Museum from 3-6 p.m. July 22. Rain or shine. Benefits City of Charleston Firemen's Fund.

Reach Jessica Johnson at jjohnson at postandcourier.com or 745-5860.