Movies About Estate and Legacy Planning: Nebraska
One of 2014‘s Academy Award nominees for Best Picture, Nebraska, touches on some estate and legacy planning issues.
An elderly alcoholic with dementia, Woody Grant, portrayed by Bruce Dern, is convinced he has won a $1million sweepstakes (in a magazine sales promotion) and wants to travel from his home in Billings, Montana to Lincoln, Nebraska to collect his winnings. His wife and 2 sons know this is a scam and that he is delusional. Nevertheless, after Woody sets out on foot several times the youngest son agrees to take his dad to Lincoln.
The director, Alexander Payne, has tackled estate planning issues before in his movie “The Descendants”. His movies are usually bleak and set in Nebraska. This one has an eerie bleakness and is also shot in black and white, during winter. Nevertheless, the well-written – well-acted film delivers strong performances by Dern (Best Actor nominee) and June Squibb (Best Supporting Actress nominee) as his ascerbic, wise-cracking wife, which make the movie actually enjoyable to watch. The bonding of father and son on their road trip is the key to the story, as they stop in Woody’s hometown of Hawthorne, Nebraska, where his son learns more about his dad’s past in a couple of days then he had in the previous 30+ years.
The true sadness is that Woody never shared his hopes and dreams with his sons. The reason he wanted to receive the $1 million dollar sweepstakes was to leave his boys something. He felt he had failed because he had nothing material to leave them, and therefore his life didn’t matter. The two sons enjoyed the antics of their father and loved him regardless of material wealth. The youngest son actually sold his car, so that his dad could drive back through his hometown in a pick-up truck waving and pretending he had won the prize!
(He did win the prize…the love of his family.) Living Matters.
RELATIONSHIP SERIES – PART 1
The poignant documentary, “Bridegroom” written and directed by Linda Bloodworth–Thomason (who created and wrote the television series “Designing Women”), vividly illustrates the human cost of a same-sex couple’s failure to do any type of estate planning. It tells the story of Tom and Shane, two young men in a loving, committed, 6-year-long relationship that was tragically cut short by an accident. The heartbreaking tale of what happened after the accident proves just how critical appropriate estate planning documents are for same-sex and other unmarried couples. Click here to watch an overview of the film on YouTube.
After Tom’s accident, his family, who disapprove of his relationship with Shane, takes over and refuses to allow Shane to visit Tom in the hospital. They even prevent Shane from attending Tom’s funeral. Without a marriage license or proper estate planning documents, Shane has no rights under the law, resulting in the anguish which haunts Shane to this day and is so eloquently portrayed in the documentary. The true tragedy is that, regardless of whether Tom and Shane could have been legally married at the time of Tom’s accident, they should have been able to plan in a way that would have given Shane legal rights similar to those of a spouse.
At the very least, same-sex and other unmarried couples in Florida can execute critical lifetime planning documents including a designation of health care surrogate and general durable power of attorney. Under Florida law, Tom could have named Shane as his health care surrogate, i.e. the person to make health care decisions for him if he became unable to do so. This would have permitted Shane to be in the hospital room, consult with doctors, and direct the medical care provided to Tom. A general durable power of attorney would have given Shane access to Tom’s finances to pay for the necessary care.
Death planning documents, at a minimum, should have included a will naming Shane as Tom’s personal representative. This would have given Tom the right to plan and pay for the funeral, as well as to ensure that Tom’s assets were distributed according to his wishes. Living trust planning could have gone one step farther, allowing Tom to include more detailed instructions to take care of and protect himself and Shane.
Some relationships cry out more than others for a need to do estate planning. Same-sex and other long-term relationships without marriage are a key example. Our next installment of the Relationship Series will discuss why “Blended Families” are another.