When someone with mesothelioma chooses to take legal action, estate planning often becomes part of the conversation as they consider how a lawsuit may impact their estate.
By planning ahead, patients can account for their family’s specific needs and take steps to ensure any compensation is properly distributed to their loved ones.
Firm Partner Megan Williams, who leads our probate division for asbestos-related cases, shares her insight into the relationship between estate planning and mesothelioma litigation.
Find out how planning ahead can provide mesothelioma patients with peace of mind and make a meaningful difference for their loved ones.
What are some of the first estate planning tasks patients should think about?
I always recommend putting a power of attorney in place, which is a document that lets someone else act on your behalf.
Because of the nature of mesothelioma, there may be times when you don’t have the ability to make decisions for yourself. By establishing a POA, you can control who makes those decisions for you.
It’s also really helpful from the litigation side when we have a power of attorney, because even if someone still has legal capacity, they may just not feel well. If they’re weak or tired and don’t feel like signing paperwork, their power of attorney can sign it for them.
Beyond that, it’s a good idea to speak with an estate attorney if you haven’t already, even if it’s just to get advice. We can connect clients with an estate attorney in their area, and if they already have an attorney, we’re happy to coordinate with them throughout the legal case.
Do I need to update my will if I decide to take legal action?
If you already have a will that you’re happy with, you don’t need to rewrite it just because you’re pursuing a mesothelioma lawsuit.
That said, we always recommend that clients review their wills early on and make any necessary changes with the help of an estate attorney. It’s important to let them know about the litigation so they can advise you on any updates, like creating a trust.
There are different things to consider from both a financial standpoint and a state law standpoint, so it’s always good to talk with an attorney and just have a conversation. This way, you can make an educated decision on how to handle any settlement funds you may receive.
What happens if I pass away during the legal process?
It really depends on where your case is filed. Sometimes, a personal injury lawsuit becomes what’s called a survival claim. In other jurisdictions, the lawsuit will switch to a wrongful death claim. Each has different rules about who can recover compensation.
From there, we help guide the family through any estate-related steps they may need to take in order to receive any compensation awarded from a legal claim.
What steps can I take to simplify things for my loved ones later on?
The more you have in writing, the better. By creating a will and advance directives that clearly outline your wishes, you can provide your loved ones with helpful guidance during an already difficult time.
Talking about your preferences for end-of-life care and beyond is also important. Many spouses and children take on caregiver responsibilities, so having these conversations while you’re healthy can ease their burden of having to make tough decisions as your health declines.
Can your team help me find an estate attorney?
Yes. Our mesothelioma lawyers have worked with many estate attorneys across the country, and we can refer someone who may be able to best meet your needs.
We have teams of people at Simmons Hanly Conroy who have worked in the probate and estate planning fields for a really long time. Our firm is here to provide assistance and make things easier, especially when you’re going through such a difficult time.
Throughout this process, we aim to bear as much of the burden for you as possible. Things may be somewhat frustrating at times because the legal system isn’t a perfect system by any means, but it’s what we have — and we can navigate it together.
Support Throughout Every Step of the Mesothelioma Legal Process
At Simmons Hanly Conroy, we’re committed to helping families file mesothelioma claims, understand their options, and plan for the future.
Our firm has the resources and experience needed to help you navigate every step of the legal process. We’ll work to alleviate as much of your stress as possible while fighting for the results you deserve.
To date, we’ve secured more than $10.3 billion in mesothelioma compensation for clients across all 50 states.
Call (800) 326-8900 now to see how we may be able to support your family. Speaking with us is free.
