We’re often asked when the notion of legacy first came to us. Dolly certainly learned the term while studying the law of estates and trusts, an offshoot of the law of property. Working in medicine for so many years, I thought much of legacy was about healthy living during a lifetime and being in service. Both of us thought legacy always seemed like so much more than a person’s real and personal property, land, buildings, money, watches, jewelry, art collections, farm equipment, etc., etc. …
When Dolly was practicing law in Austin, Texas, she was often appointed as attorney ad litem in probate cases to represent and protect the rights of the unknown heirs of a person who died “intestate” – without a will. Such people either didn’t know about writing a will or must have felt that they didn’t own enough property it.
Note to self: if you are reading this now, you probably own enough property to warrant writing a will. If you have a computer, you quite likely have a checking account, maybe even a savings and some investment accounts and credit cards. You may also have other things that are legally titled in your name like vehicles and a house or some land. Your heirs, the people entitled to that property by law at your death, will have to go through a whole lotta rigamarole in court, known as a probate proceeding, to be able to do anything with the stuff that is in your name if you don’t leave written instructions in a will. Once the will gets proven up as legal in court (probated), it can be “administered” and things can be handled and distributed according to your wishes under court supervision. (Preferably leave instructions in a trust document that allows you to avoid the court proceedings for the most part, so things can be handled privately — and hire a good lawyer to help with all this because this blog post is probably as far from legal advice as you can get).
But I digress from Dolly’s original thoughts and message …
Back to the unknown heirs. Dolly never intended to practice probate or estate law. On top of that, she was now in the position of practicing law where her clients were people no one was sure existed or could find. So her first task was to find her clients. Then the property to be distributed under the law of intestate succession (who gets what when there is no will) – often a home and/or a vehicle or two – could be given to the people who were expecting to get it.
Occasionally she would actually find some long lost relative. Often is was a child born from a relationship the deceased had that no one (often including the child) knew about – a half-sibling to the heirs who got to meet through this strange courtroom process – so the property could be divided up and distributed properly.
Even in cases where there was not much property, Dolly tells me she remembers being so surprised during the investigation by how the deceased person was remembered. Often, it was quite fondly for some small act of kindness they had done, a contribution they had made in the way they participated in their community, something they had built, or even some small but pertinent piece of advice and support they’d given along the way. It wasn’t about their stuff. That was the least of it – and yet, what this whole probate process was making the biggest deal about.
In every case, someone was remembered for something beyond their worldly goods. They were remembered for who they were — what their life was really about.
All this started Dolly wondering how amazing the world might be if people consciously thought about who they are and what contribution they have to make to others. What if they sized up their own strengths, talents and gifts, and consciously decided to make a positive difference, to seek to be remembered for good rather than for purposes of fame or power?
The unique assets of each person, which might well include their property, could be used to benefit others, and they would get to hear about how they’d made a difference and be appreciated for it during their lifetime. In turn, that gift of thanks would create a real sense of joy and fulfillment that would produce a self-perpetuating desire to do more, because it feels good not because there is some remuneration or vast dollar amount in it. Hmmm, can you just hear John Lennon’s song ‘Imagine’ playing in the background …
Thinking about legacy as your life, rather than your stuff, seems to us to be the larger notion of what a legacy truly is.
*How would you be engaged in life differently from that perspective?
*What would you start doing or stop doing or become involved in right now?
*Who would you reach out to? What are you waiting for?
Interesting food for thought. What say you about your life and your legacy?
Cheers! Dolly and Eliza