Estate Planning and Mesothelioma
A mesothelioma diagnosis often leaves families feeling uncertain about treatments, caregiving, and the future. Through estate planning, patients can make their wishes known and help prepare for whatever may come next.
Whether you’re thinking about your health care, finances, or legal matters, putting a plan in place can bring a sense of control and comfort — both for you and the people you love.
At Simmons Hanly Conroy, we know these conversations aren’t easy, but you don’t have to navigate them alone. Our team is here to help families take key steps toward protecting their future.
Legally Reviewed and Fact Checked by: Laurence Valere Nassif, Managing Partner
Mesothelioma & Estate Planning
An estate refers to everything you own, including your money, property, and belongings. Estate planning is the process of making decisions about how these assets should be handled if anything happens to you.
Estate planning can empower mesothelioma patients to stay in control of important decisions and take care of the people they love. It ensures their voice is heard, even when they’re no longer able to speak for themselves.
Estate planning may allow you to:
- Appoint someone you trust to manage your finances, including any legal compensation
- Designate someone to make medical decisions on your behalf if you’re unable to do so
- Distribute your property, savings, and belongings according to your wishes
- Ensure your health care preferences are known and respected
- Help your family avoid legal delays and confusion
Whether you’re organizing financial matters, preparing for future medical decisions, or thinking about how to provide your family with long-term security, estate planning can make sure your wishes are honored.
“The more you have in writing, the better. Creating a will while you’re still healthy can ease the burden on your loved ones or caregivers during difficult times later on by providing them with clear guidance.”
– Attorney Megan Williams, Head of the Firm’s Probate Division
At Simmons Hanly Conroy, our team is here to help you navigate a mesothelioma diagnosis with the care and compassion you deserve. Contact us now for free.
Probate Issues: What Happens If a Patient Passes Away?
Probate is the legal process used to handle someone’s estate after they pass away. During probate, a court oversees the distribution of a person’s assets and makes sure any remaining debts or taxes are paid.
Because mesothelioma can be so aggressive, it’s important for patients to take steps early on that can help protect their family. This can potentially help their loved ones avoid a lengthy court process in the future.
“I was told that I had a very deadly cancer, and that I should go home and put my affairs in order. My daughter was only 3 years old when I was diagnosed.”
– Julie, Peritoneal Mesothelioma Survivor
After a mesothelioma patient passes away, the court will check if there’s a valid will outlining what should be done with their money, property, and belongings. If no will exists, the court follows state laws to divide up the estate.
Probate may delay a family’s ability to access compensation after losing a loved one, but by planning ahead, patients may be able to help reduce complications and make the process easier for their grieving loved ones.
5 Estate Planning Steps to Consider
Estate planning can feel overwhelming, especially after a mesothelioma diagnosis. Breaking the process down into steps can help make it feel more manageable.
Key aspects of an estate plan may include:
- A durable power of attorney
- Advanced directives
- A last will and testament
- Beneficiary designations on all of your accounts
- Trust agreements
Each of these documents can help ensure your medical and financial wishes are respected, providing peace of mind for both you and your family.
1. Appoint a Power of Attorney
A power of attorney (POA) is a legal document that allows you to name someone as your “agent” who can manage your financial and legal affairs if you’re no longer able to do so yourself.
Establishing a POA is especially important for mesothelioma patients, as this illness can progress quickly and make it challenging to address legal and financial responsibilities.
Your chosen agent can help with tasks like:
- Filing your taxes
- Handling insurance or government benefits
- Managing your bank accounts and investments
- Paying your bills or rent
- Signing legal documents
- Working with mesothelioma lawyers on your behalf
There are different types of POA, but a durable power of attorney is most commonly used in estate planning because it remains in effect even if you become seriously ill or incapacitated.
Having a POA in place ensures that someone you trust can step in and act on your behalf without the need for court approval, which can save time and reduce stress.
“Even if a patient has the capacity to make decisions, they may just not feel well enough to do so. A POA can handle things like signing paperwork on your behalf when you’re too tired or otherwise unwell.”
– Attorney Megan Williams, Head of the Firm’s Probate Division
2. Establish Advance Directives
Advanced directives are legal documents that allow you to specify your preferences for medical care in the event that you become unable to communicate them yourself.
Advance directives typically include two parts:
- A living will outlines your wishes regarding pain management, life-sustaining treatments like CPR, the use of interventions like ventilators, and more.
- A medical power of attorney, also known as a health care proxy, allows you to determine who will make medical decisions on your behalf if you’re unable to speak. They can talk with your doctors and make decisions based on your desires.
Together, these documents ensure the care you receive aligns with your preferences and provide clear guidance to your loved ones and medical team.
3. Create a Will
A will is a document that outlines how you want your assets and property distributed after your death. It gives you the power to make decisions instead of leaving them up to the courts, which can reduce confusion and conflict among loved ones.
Creating a will allows you to:
- Appoint someone you trust as an executor to carry out your wishes
- Leave belongings to specific loved ones
- Name a guardian for any children under the age of 18
If you don’t have a will, state law will determine how your assets are divided, which may not align with your preferences.
“The bills are going to keep coming. You have to think about what your family is going to do when you’re gone. That was my husband’s number 1 priority when he found out he had mesothelioma — making sure that me and our sons would be taken care of.”
– Connie, Wife of a U.S. Veteran with Mesothelioma
4. Review Your Beneficiary Designations
Not all of your assets are controlled by your will. Some accounts, like life insurance policies, retirement plans, and pensions, pass directly to the person named as the beneficiary on the account.
Make sure you have designated beneficiaries for all of your accounts. You can regularly review and update the named beneficiaries to make sure they reflect your current wishes.
Keep in mind that beneficiary designations override what’s written in your will, so ensuring they’re up to date helps avoid confusion or unintended outcomes after your passing.
5. Set Up a Trust
A trust is a legal arrangement that allows you to transfer ownership of your assets, such as real estate or savings, to a trustee. The trustee then manages those assets for your beneficiaries, who are the individuals you choose to leave your estate to.
There are different types of trusts, and each serves a unique purpose:
- Revocable living trusts can be changed or canceled during your lifetime. They allow you to name a trustee who can manage your assets in case you become too sick to do so, which may help with a smoother transfer of assets to your loved ones later on.
- Irrevocable trusts generally can’t be changed after they’ve been created. These trusts may offer tax benefits and protect your assets from creditors or lawsuits, allowing you to preserve the value of your estate for future generations.
- Special needs trusts allow you to set aside funds for a loved one with a disability without affecting their eligibility for government benefits.
While not everyone needs a trust, it can be a powerful tool for families with young children, significant assets, complex financial situations, or concerns about privacy and long-term care. Trusts can offer more flexibility and control than a will.
“My kids are going to be taken care of, so there’s peace of mind knowing I won’t have to worry about them.”
– John, Construction Worker with Mesothelioma
Estate Planning and Mesothelioma Legal Claims
After a diagnosis, you may be able to file mesothelioma legal claims against the companies responsible for your exposure to asbestos.
The mesothelioma compensation you may receive from a claim can help your family afford costs related to your care and other everyday living expenses.
Mesothelioma legal claims include:
- Mesothelioma lawsuits: These personal injury lawsuits are filed against the companies that made, sold, or distributed the asbestos products you were exposed to.
- Wrongful death lawsuit: If a patient passes away, their loved ones may be able to take legal action on their behalf to seek compensation for funeral expenses and more.
- Asbestos trust funds: An estimated $30 billion is still available in asbestos trusts, which bankrupt companies were ordered to create to provide compensation for future victims.
- VA benefit claims: U.S. military veterans may be eligible for monthly payments of over $3,800 and free health care by filing a claim with the Department of Veterans Affairs (VA).
Payouts from a legal claim may become part of your estate. It’s important to consider these potential funds in your estate planning to make sure they’re managed properly and passed on to the intended recipients.
Talking with loved ones about filing a mesothelioma claim can help ensure everyone is on the same page when it comes to securing your family’s financial future.
- We fight to maximize your results
- Many get results in as few as 90 days
- No out-of-pocket costs for your family
Get Help After a Mesothelioma Diagnosis
At Simmons Hanly Conroy, we’re committed to helping mesothelioma patients and their families navigate their next steps after a cancer diagnosis.
Whether it’s connecting you with an estate attorney or answering your questions about the impact of a mesothelioma settlement on your estate, we are here for you.
“We have entire teams who’ve worked in these spaces for a really long time,” said Attorney Megan Williams. “Our goal is to make things as easy as possible for our clients while keeping things moving forward.”
For over 25 years, our mesothelioma law firm has taken on powerful asbestos companies and delivered results for clients across the country, securing more than $9.9 billion nationwide.
Call (800) 326-8900 now or fill out our contact form to see if we can help you for free.
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Mesothelioma & Estate Planning FAQs
How soon should I create a will after a mesothelioma diagnosis?
It can be helpful to create or update your will as soon as possible after a mesothelioma diagnosis. This cancer can progress quickly, and having a will in place ensures that your wishes are clearly documented and legally protected.
A will allows you to make important decisions for your family’s future, and creating one early can provide you with peace of mind during this difficult time.
If you or a loved one has been diagnosed with mesothelioma, our team is here for you. Contact us now to learn more about the options that may be available to you.
Can I include funeral or end-of-life wishes in my estate plan?
Yes. Your estate plan can include your preferences for funeral arrangements, burial or cremation, and any other end-of-life decisions that matter to you.
These instructions can be written out in a funeral or burial directive to ensure your family understands your wishes and doesn’t have to make those decisions on their own.
If I file an asbestos lawsuit, what happens if I pass away before it’s resolved?
If you pass away before your asbestos lawsuit is resolved, a family member or estate representative can usually continue the claim on your behalf.
In some cases, the lawsuit may transition into a wrongful death claim, which allows your loved ones to pursue compensation for medical bills, funeral costs, and the emotional toll of your passing.
How do I make sure my loved ones don’t have to go through probate?
While probate can’t always be avoided, there are ways to simplify or reduce the process for your loved ones. Creating a revocable living trust, keeping your beneficiary designations up to date, and holding certain assets in joint ownership can help transfer property outside of court.
These steps may make the process faster and less stressful for your loved ones. Estate planning attorneys can help you choose the best options based on your situation.
Can a mesothelioma lawyer help with estate planning?
Mesothelioma lawyers primarily focus on legal claims related to asbestos exposure, but they often work alongside estate planning attorneys to ensure that any compensation you receive is properly accounted for.
They can help you understand how a legal claim may affect your estate — and make sure the steps you take now will support your family’s future.
Call (800) 326-8900 now to see if our mesothelioma lawyers may be able to help you.
Does mesothelioma compensation have to go through probate court?
It depends. If compensation is received during your lifetime and you’ve created a trust or named beneficiaries on certain accounts, mesothelioma compensation may go directly to your loved ones after you’ve passed away.
Compensation awarded after a patient’s death may be handled through the estate process, which can involve probate. A mesothelioma attorney can help put plans in place to potentially reduce delays and make the process easier for families.
Reviewed by: Laurence Valere Nassif Managing Partner
- Fact-Checked
- Legal Reviewer
With over 15 years of legal experience, Larry has secured millions of dollars on behalf of his clients and tried several cases to verdict. In 2007, he was a member of the trial team that achieved a $47.5 million verdict in Humeston v. Merck & Co. on behalf of patients who suffered cardiovascular injuries as a result of taking Vioxx. In 2003, he also helped secure a $2 million verdict on behalf of his client who suffered from Rezulin-related liver damage. He has also helped families impacted by mesothelioma and other asbestos-related diseases from around the country.