OAK GROVE, Ky. (WTVF) — Lori Hathaway just wants access to the belongings she and her late husband shared.
Keith Hathaway died in November after having a stroke. The couple had downsized and moved to Oak Grove, Kentucky, storing their belongings at Storage Sense in Clarksville with plans to sell them at a yard sale. The lease was in Keith's name only.
"I never missed a payment, every month it's been paid, in my name. But they say since it was in his name, I got to go to court," Lori said.
I stopped at the office at Storage Sense. The office manager explained it is company policy to lease all rentals to a single customer.
Creating an estate plan
So, was there a way to prevent this from ending up in court?
Estate attorney April Harris Jackson says situations like Lori's can sometimes be avoided — in both Tennessee and Kentucky — by setting up accounts to transfer automatically when someone dies. However, some banks and private companies, like storage facilities, set their own rules. But naming a beneficiary or joint owner can often help families avoid court.
"If you've done the planning well and kept up with the planning, usually the goal is not to have to go through probate," Jackson said.
Right now, Lori faces $379 in probate small claims court fees to reclaim belongings in storage that she says were jointly hers and her husband’s.
"Ever since he passed, everywhere I go, I have to prove I was married to him," Lori said.
Lori admits she and her late husband did not plan for life after one of them passed away.
Jackson recommends every adult plan for the worst while hoping for the best — and says it is usually easier to start younger and adjust over time.
The goal, she says, is making sure someone you like and trust is designated to make emergency decisions on your behalf — both financial and medical — before it ever comes to that.
"Making sure everything you have and want in an emergency is planned for," Jackson said.
One of the biggest misconceptions Jackson sees is that a will is the finish line. It isn't.
"A last will and testament is intended to go through probate. The will is hopefully the backup plan. We want to use the other tools in our toolbox so we don't have to go through probate," Jackson said.
Jackson says one of the most basic planning documents every adult should have is an advance directive, sometimes called a living will. This form outlines your wishes for CPR, life support, and hospice care if you are ever unable to speak for yourself.
One of the most effective tools, she says, is a beneficiary designation.
"Anything that has a beneficiary designation goes directly to the person designated rather than probate... You can designate in many, many circumstances what you want to have happen and let the institution know," Jackson said.
Lori's story is one many families face. If you have a question or need help navigating a similar situation, send me an email at hannah.mcdonald@newschannel5.com.
A slip-and-slide for seniors?! Who knew it could stir laughter and tears. Photojournalist Angie Dones captures a story filled with so much joy and one that will tug at your heartstrings.
- Carrie Sharp
