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@postandcourier.com or 745-5860. |
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Comments
This article has 16 comment(s)
Posted by majorjohnson on July 11, 2007 at 9:01 a.m. (Suggest removal)
I find it incredible that firefighters and policemen with families would lack the responsibility and maturity to provide a will for their familiy. These are inherently dangerous positions. Anyone with a family or someone they want to receive anything should have one, but for people in these dangerous positions to not have one is just irresponsible in the extreme. Wills are free to cheap to draw up...and 3 of these men had 30 years of firefighting service. I certainly hope that our other firefighters and police officers who have neglected this take more responsibility for their families and attend to this.
Posted by fyrwolf13 on July 11, 2007 at 10:13 a.m. (Suggest removal)
Hey Majorjohnson I'm not sure if this will help you to understand the issue you commented on, but maybe it will so here goes. The mentality of the firefighter, police officer and even military personnel is such that we do think we may live forever. I have done all of these jobs in my career and as unrealistic as that thought is it is what we hope. Not thinking this reminds us of the inherent danger we deal with on a day to day basis. It highlights the real and actual MORTALITY of ourselves and doing the jobs we do we don't like to think of that mortality. We all go and do things that are contrary to normal ways of life and preservation and we do fail sometimes. So instead of calling my fallen brothers irresponsible, why not do something that ensures that everyone in the Charleston area and even the state realizes the importance of having their affairs in order so as to ensure that the surviving families will be taken care of in the event of someone's untimely demise. We are all vulnerable to nonaction.
Posted by johnltumminia on July 11, 2007 at 10:44 a.m. (Suggest removal)
I find it incredible that you would label my fallen brothers as irresponsible and immature. Maybe you can join or create a group that assists emergency personnel in writting these wills or shedding more light on the subject. You are attacking those whom go to work everyday putting their lives in harms way so that you can rest peacefully at night; secure in the knowledge that these men and women will come to your assistance when you need it. Instead of becoming one of the finger pointers and problem creators become part of the solution. You may have just found a way of giving back to those who keep you safe everyday.
Posted by bhearn on July 11, 2007 at 11:05 a.m. (Suggest removal)
Possibly everyone can learn from this, everyone should have a will regardless of their "career". No point in placing blame, just don't let the same thing happen to your family.
Posted by NIMS800Chief on July 11, 2007 at 11:10 a.m. (Suggest removal)
I agree as well. Very insensitive and inappropriate comments for those brave souls who have fallen. I know the legal system will be very sensitive toward the immediate family and Charleton will assure a smooth transition of those assets to the families. I believe a system will be in place to assure all fire personnel will create a living will just in case and God forbid, the ultimate sacrifice is made. There are some fire services that have this built in their system. Mine assures that all pensions and insurance payouts are directed to my family.
Posted by lisagary on July 11, 2007 at 11:13 a.m. (Suggest removal)
As someone who works in the legal profession, I can tell you that failure to create a will that specifies how your assets are to be handled is a universal problem, not just limited to people who are in dangerous positions. These tragic losses should serve as a wake-up call to all of us -- last time I checked, the death rate for humans was hovering at a solid 100%, and unlikely to change. No one likes to think about the inevitable, but if we don't take steps to specify how our assets are handled, the government will do it for us, and believe me, you DON'T want that. There are easy and inexpensive ways to prepare a will yourself, without involving high-priced attorneys (log on to nolo(dot)com to find some of them), although if you anticipate leaving behind significant or complicated assets, it's best to use an estate lawyer to make sure you're making good decisions that will minimize tax burdens for your beneficiaries. When people are grieving the loss of a loved one, the last thing they need is the added stress of all the financial ramifications. Let one good thing come from these terrible losses....think about your future and the future of your loved ones, and plan accordingly.
Posted by Captain2007 on July 11, 2007 at 12:48 p.m. (Suggest removal)
“Firemen are going to get killed. When they join the department they face that fact. When a man becomes a fireman his greatest act of bravery has been accomplished. What he does after that is all in the line of work. They were not thinking of getting killed when they went where death lurked. They went there to put the fire out, and got killed. Firefighters do not regard themselves as heroes because they do what the business requires.”
Chief Edward F. Croker - FDNY
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly; who errs and comes short again and again; because there is not effort without error and shortcomings; but who does actually strive to do the deed; who knows the great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least he fails while daring greatly. So that his place shall never be with those cold and timid souls who know neither victory nor defeat."
Theodore Roosevelt
Posted by johnltumminia on July 11, 2007 at 2:57 p.m. (Suggest removal)
Captain2007
I had the pleasure of training with several crews from the FDNY marine division in Norfolk for our MERT training. Good fellows all of them. Several men whom were in the CFD are now firefighters in FDNY. We appreciate all the support we have received from your department. Your Emerald Society was top notch. The men in your Department who came down to stand with us did your department proud. Your comments are spot on and thank you.
Posted by huntress87 on July 11, 2007 at 6:15 p.m. (Suggest removal)
Why would we have a will drawn up when my brother was so young? We didn't expect this.. Even the older fire fighters didn't expect this. Will's is something most people never talk about, We surley didn't.. Now that this is a HUGE problem, we are learning from this. everyone in the families are figuring this out.. Not having a will is more common then you think.. thank you for the support that continues to trickle into us.!!!
Posted by majorjohnson on July 11, 2007 at 8:05 p.m. (Suggest removal)
Perhaps my wording was a tad harsh, but the fact is that these people, who I support wholly and have great admiration for, are in positions that put them in possible mortal peril daily and thus their families in financial peril daily. To not have drawn up a will, a simple and inexpensive task, is like not having life insurance because "I didn't think about it" or "I'm too busy." It's terribly irresponsible of these people. A 30 year veteran of the force has probably already witnessed hardships caused the family of fallen men to their families a few times, to ignore the possibility that it could happen to their own is hardly a responsible action. Why is this not brought up in their initial training? If it is and they ignore it, then it's doubley irresponsible for them to do so. If it isn't it should not only addressed, it should be mandatory and updates addressed periodically. I mean no disrespect to these men, but there is something terribly wrong here.
Posted by fyrwolf13 on July 11, 2007 at 9:37 p.m. (Suggest removal)
Hey MJ I think you are missing the point in the responses to your comment. Stop berating my fallen brothers. As it has been stated in almost all the additional comments what's done is done. Let's learn from this tragedy. Unfortunately, we as a population tend to be reactive rather than proactive. To answer your question the will issue is something that did not come up in my inprocessing. Also as a young person entering one of my many careers, it wasn't till I matured and aquired assests that the issue of a will became relevent. Oh and the life insurance issue, well because of the folks out there that have bled and abused the system the rates I pay as either a police officer, soldier or firefighter, even with my above mormal fitness, sometimes makes the issue cost prohibitive. Again I know these are just excuses but to people such as I they are valid. Lastly, the pay of a firefighter, police officer and soldier in certain parts of the country is dismal to say the least, and luxuries that are sometimes necessities fall by the wayside. So again I ask that you stop maligning these heroic men and women out there that are doing the work that most people would not do. Instead channel your energies towards maybe making the issue of wills and life insurance common place and affordable for all. Your right when you say that there is something wrong here and that something is the realization that people die, unexpectedly, with no warning and without having done some of the things that they have yet to do in life. Honor those that have fallen. Thank the families that have lost a cherished and loved one. Help them through this desperate time. To Huntress87, forgive the ignorance and accept my sincerest condolences on your loss.
Posted by grits1973 on July 12, 2007 at 8:56 a.m. (Suggest removal)
I'm the wife of a local firefighter (who worked 6-18 at the tragic fire), and we finalized our wills within six months of our marriage last year. The fact that almost all of the fallen firefighters failed to have a will simply shines light on a widespread problem that is by no means limited to our public servants who work in dangerous jobs. In short, EVERYONE who owns property, is married, or has children should have a will. A basic will is not cost prohibitive or complicated. It's not about facing your own mortality, it's about being responsible and taking care of those you love.
This situation is truly unfortunate for the firefighters' families, but thankfully there is a large support network in place to help them through the legal maze they now face. The same isn't true in all situations, so be proactive and plan for your family.
Posted by t_totaro on July 12, 2007 at 8:25 p.m. (Suggest removal)
To huntress87,fryrwolf13, johnltumminia and grits1973.........thank you and your families for the sacrifices that you and your loved ones make each and every day. Our thoughts and prayers are with you all.
As for majorjohnson....he seems to be a pretty unhappy person with life in general. He also posted negative comments in another story. (a story about the mother and her children who were murdered the other night) Let's just hope if he ever needs emergency assistance he will remember to ask the 911 operator if the person answering the call has a will...I'm sure he wouldn't want an irresponsible person assisting him.
Posted by bootlicked on July 13, 2007 at 8:44 p.m. (Suggest removal)
Should change his name to littlejohnson.
Posted by easy on July 15, 2007 at 11:09 a.m. (Suggest removal)
I see it as just one more of the screwed up areas left untouched by the Charleston city adminstration. THANKS ONCE AGAIN CHIEF RUSTED AND MAYOR KNOW IT ALL. Every one of the employees in the Fire and Police departments should be offered a chance to have a will made when they are hired on the job. And anyone who knowes that they are placing one of these people in a job that could cost them their lives, should have made the option avaible to them thorugh their city, county, state or local governments attorneys office. SO MAYOR KNOW IT ALL AND CHIEF OFFICERS, what do you have to say to that. OH, my it must cost to much....
Posted by ThePhink on July 16, 2007 at 12:53 p.m. (Suggest removal)
After that I suggest they take that extra cash and spend it on education.