It is not just families who disagree about the interpretation of legal documents. There seems to be tension among estate planning attorneys in regard to recommending that clients write down their heartfelt intentions to accompany those documents. Many lawyers believe that it is the form that is most important — that the written legal language will communicate their client’s heartfelt wishes. Others believe that, no matter how carefully written, the form alone cannot transfer intention.
Ideally, estate planning is “by invitation only.” Most people misunderstand this to mean that we, as the lawyers, are the ones doing the inviting. In actuality, it’s you, the clients, who are doing the inviting, by inviting us into your unique and textured lives.
Before you panic about the new “Hawai‘i Aid in Dying Law,” it’s a great law but not for the reasons you may think. Governor Ige signed the Our Care, Our Choice Act on April 5, 2018 and it will become law on January 1, 2019. The new law’s purpose is to establish a regulated process whereby a mentally competent adult resident of Hawai‘i with a terminal illness and less than six months to live may choose to end life with a prescription.
I had been preparing to write about the importance of conversation in estate planning while watching a documentary on HBO called Cries From Syria. In the midst of this heart-wrenching story about the Syrian situation—a girl, who could not have been older than 8 or 9—facing death from starvation and preparing her will. It had nothing to do with money.
The Hidden Costs of Probate Court by Stephen B. Yim, Attorney at Law from the Oct-Nov 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life
Put Your Voice Into Your Estate Plan by Stephen B. Yim, Attorney at Law from the August-September 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life
Sycamore Row by Stephen B. Yim, Attorney at Law from the June-May 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life