With the commencement of a new year, many of us take stock in what we’ve been doing with ourselves, and make resolutions to improve ourselves. I always question this New Year’s Eve concept, wondering why we can’t look back and try to improve ourselves all throughout the year.
This being a legal and not religious column, my emphasis should not be on improvements like quitting smoking or losing weight, as admirable as those things are, but on our legal health and well-being.
“Wait a minute, Gerryâ€, I can hear you think to yourself, “why do I need a legal new year’s resolution? I’m not some corporate giant?†Well, the answer to that question is already stated in the question. Since you are not a corporate giant, you lack the insight and ability to determine how you are legal-wise, and a professional should be consulted.
Ask yourself these questions: Do I have a will? Do I have a living will or health care directive? Do I know where the deed to my house is, or my divorce decree or custody papers? When I look at my paystub, do I understand what all of those deductions are for? Do I know what I own and what I owe?
While your head is spinning, read on. The best and easiest thing to do is to sit down with your spouse, partner or just with yourself, turn off the television and radio, grab a legal pad and write down the answers to the questions I asked you in the prior paragraph.
It will take some time. Do it right. Open a file and throw copies of important documents into it. Show them to your spouse or partner. It’s like family therapy, just without the psychiatrist.
People nowadays use the computer to store and collate information.
That’s all well and good, but computers are not secure, and they can be tampered with, or just break down. That’s the beauty of the legal pad–it’s yours and yours alone.
I counsel people to write down the answer to this question: “If I disappeared from the face of the earth today, how would my spouse or partner or adult son find out what I own?â€
It’s easy to determine what you owe–just go to the mailbox for a month and you will see every debt that you have. But for the stuff that you have collected over the years, it is not so blatant or easy to discern.
Once you have done this homework, look to consult two important professionals: a lawyer and an accountant. Everybody should have one of each. You would be surprised what good counsel I have received from my accountant over the years. Not just concerning tax issues, but things like savings, preparing for college, and old age.
Naturally, having a lawyer in your corner can be of immense assistance when it comes to avoiding troubles, either at home or work. I am called frequently from clients who just want to know what to do about something, an apartment lease, a car loan, or a hospital bill. Sure, lawyers help people with major legal issues like divorce, criminal charges or an estate. But getting good legal advice about something early usually avoids the problem later.
Take the time and make a January resolution to think about yourself by calling your lawyer and accountant and making an appointment to say hello. It will be worth its weight in gold saved.
Gerald Hecht can be located at 30 Main Street, Danbury, CT 06810, or by phone (203) 792-3203 or by fax at (2030) 798-6975