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Here at Bergmann Law when a client asks us a question, we play the truth teller. So which question is the most common and probably the most difficult to answer?

What is the worst-case scenario?

It’s our job to know the worst-case scenario and clients who call us with business or property problems are ready for the difficult conversation as we go through all of the possible outcomes, including the dreaded ones.

However, for a client who is at a high point in their life or career it can be much more difficult. For instance, having to explain to a Buyer who has found their dream home with the perfect kitchen that they should really investigate the water issues in the basement before they purchase can be an uphill battle.

But perhaps the most important area, and often most difficult, is in estate matters. The most common answer we get when we ask a client if they have estate documents whether they are a Buyer purchasing a home, someone starting a business, or even a parent with young kids is: “no, I don’t need them, my family knows what I want.”

That’s when we know we need to be the worst-case scenario squad to someone who is only thinking about the best of life.

For most of our clients the worst-case scenario is the event just before the question “did they have a will?” or “do you have a medical power of attorney?” But in reality, the worst-case scenario only gets worse when the answer is “no.”

First, even if you are young and have only a few assets, basic estate documents are especially important if you and your partner are not married or if you’d prefer a sibling to make decisions rather than a parent etc. Official documents are required for the person of your choice to be considered your next of kin to get information and to make healthcare decisions on your behalf. It doesn’t matter if you’ve been with your partner for a decade and only speak to your mom on her birthday, the state and the doctors will select your mother as next of kin.

Second, if you do have assets and financial responsibilities, even if your family knows what you want and only intends to follow your wishes, they still have to deal with logistical realities that will be made far simpler if you execute estate documents. Those documents show the state, your banks, your landlord, your business partner, your wishes. If you leave your family with no formal will documents, they will have a more complicated estate process to deal with even as they proceed with what you told them in an email or over dinner years ago and estate documents give your family the power needed to do what you have asked.

In spite of the confidence you may have in your family to know what you want, the reality we see most often is families who disagree over their understanding of what you want. We don’t imagine many families sit around the dinner table on Thanksgiving clarifying all aspects of when a ventilator should be turned off or why your bank savings should go to your nephew because you want your niece to get your jewelry. This is especially true in situations of a surprise death or injury that no one in the family could have predicted. Having these documents gives everyone clear direction rather than leaving families to guess what treatments you would have approved or who should get your favorite necklace. We always assure clients these documents relieve pressure and responsibility rather than adding to it during a difficult time. We understand it’s difficult to have to live in the worst-case scenario world, even for a little while, but even if you don’t feel it’s worth it for you, it will help your family and friends. 

So, while we know it’s the last thing on many of our clients’ minds, the worst-case scenario squad is here when you need us. Give us a call.