Death Is No Excuse: Planning for Death, Disability, Divorce and Other Disasters

by David Baker

What do Abraham Lincoln, Pablo Picasso, Aretha Franklin and Howard Hughes all have in common? They died without wills, left messy estates and tormented their surviving families who had to lawyer up and fight through the resulting nightmares for years.Whether the reasons for this are death denial, penny-pinching or just too busy to be bothered, the majority of Americans will die in exactly the same predicament—no wills, no planning and nobody lined up to help their surviving families get what's coming to them."Death Is No Excuse" is an insightful roadmap through the legal potholes of unplanned death and disability, offered by a veteran attorney who's handled the worst of these cases for over forty years. It's a plain-spoken, surprisingly entertaining guide to everything you need to know about planning for death or disability, as well as other calamities that can occur along the way, be they divorce, avoidable tax burdens or getting ripped off as you toddle into old age.Told in twenty-three brisk chapters, each punctuated with a case history of life gone off the rails when people ignore the insights this book offers, "Death Is No Excuse" tells you how to avoid the pitfalls of un-planned death and disability.

216 pages, Kindle Edition

Published November 2, 2021

About the author

David Baker came to Australia in 2010 to study his PhD in History of Science and Cliodynamics. He was previously a lecturer at Macquarie University and the University of Amsterdam, and is visiting Lecturer at the Sorbonne University in Paris. He is now a history, science, and true crime writer for the Simon Whistler network.

Reviews

[Jill Elizabeth]

This is a fabulous reference book - and a fascinating and hilarious (although also cringe-inducing) collection of pitfalls associated with the distribution of assets after death. Through a series of lessons, anecdotes, and helpful hints, Baker covers all the major issues of property and control associated with death, dying, and probate. In a no-nonsense style, he addresses misconceptions and concerns as well as offers insight and comfort with the procedural issues at the end of life. It's a fantastic place to start - and engaging and entertaining to boot!

Thanks to NetGalley and the publisher for my obligation-free review copy.

[Meagan]

This book really touched on everything that is involved with Death.

People don’t realize the amount of planning that needs to be done and the stress it can put on families that are left living.

I appreciate the format it is in.
It goes into detail what could happen and what has happened with every instance of planning/death.

Special thanks to #NetGalley and #DavidBaker for this #ARC to review.

[Diane Hernandez]

I never thought that I would say this but the funniest book I read this month was Death is No Excuse, a book about wills, trusts, and guardianships.

It is amazing how fast distributing your assets after death can go horribly, and hilariously, wrong. Each chapter of the book ends with a parable of what can go wrong if you don’t follow the author’s guidance. The author is a probate lawyer. His advice is almost invariably to see an attorney. It is a penny-wise, pound-foolish type of lesson. Don’t try to save a few thousand dollars and have your entire estate get eaten up by lawyer fees after your death when at least one person contests your will.

I am a certified public accountant, who really thought I knew a lot about estate planning. However, this book introduced many pitfalls I didn’t know existed. Even if you put a standard no contest clause in your will, your aggrieved relatives can sue each other civilly for the tort of Intentional Interference with Testamentary Expectancy. So, instead of suing your estate for undue influence, they are suing each other with no risk of losing whatever small amount your will gifted them originally.

Another unusual tip is that you should add a “Gift-Over” or Doomsday clause in your will. In case everyone named in your will predeceases you, you name a final backstop, possibly a charity, to get your estate. Better a charity than the government, am I right?

The best tip that I found in the book is never move to New Hampshire if anyone in your life is looking to achieve “inheritance by baseball bat”. New Hampshire is the only state without a slayer law that prevents a killer from inheriting or otherwise benefiting from his or her victim’s death. And the cause doesn’t have to be as dramatic as a 1940s noir. Even if your intent wasn’t to kill but you accidentally killed the deceased while doing something else bad, you can still be disinherited. Or disallowed from their pension’s spousal benefits. Or whatever, you get the idea.

If you are thinking about getting your affairs in order, there is no funnier and less sleep-inducing way to learn more about the surprisingly complex process than reading Death Is No Excuse. You will find yourself chuckling at the mishaps of others while preventing the same fate from befalling your estate. 5 stars.

Thanks to Book Baby and NetGalley for a digital review copy of the book.

[The Cats’ Mother]

Death is Not an Excuse is a wry guide on to how to avoid legal and financial catastrophe when those two inevitabilities of life, Death and Taxes, coincide. Written by an American probate lawyer with several decades of experience, he explains how people’s unwillingness to spend a few thousand dollars on legal advice can leave their heirs with at best a vastly reduced inheritance, and at worst facing complete family disintegration or even prison. Written in simple English, it covers all the various scenarios where appropriate legal advice is essential, with humorous anecdotes designed to illustrate his points and what can go wrong when people try to save money by doing it themselves.

I got this from NetGalley over two years ago, hoping that it would inspire me to finally get around to making a will, something I’ve been meaning to do for an embarrassing number of years. Unfortunately the same procrastinator tendencies kicked in, and the fact that it was already well past publication meant I didn’t feel any urgency to get to it. Luckily I have survived and am finally in the process of having a will drawn up, so it felt sensible to actually read it. Note that its advice is specific to US law, so it’s of much less use to international readers, but I still found the general principles helpful. One piece of advice resonated - in the same way that you are advised to see a doctor for regular check-ups as you get older, he recommends seeing your lawyer once a year to keep your intentions current and make sure an independent advocate might detect when you’re showing signs of vulnerability to elder abuse or losing your marbles!

Thanks to NetGalley and David Baker for the review copy. Death is Not an Excuse is available now.

[Amanda]

Death Is No Excuse is David Baker’s self-published guide to estate planning. The author has been an estate attorney for 40 years and shares his expertise with humor. His primary focus is encouraging readers to draft a will, but he also discusses planning for death, divorce, disability, and avoiding tax pitfalls. There are 23 chapters, and I recommend reading one chapter per night with a significant other. This book is a valuable addition to every home and public library and would make an excellent gift for a middle-aged relative who has everything.

I received an Advance Review Copy (ARC) from NetGalley and the author for free, and I am leaving this review voluntarily.

[Kira K]

I received an advance review copy for free, and I am leaving this review voluntarily. I’m sure this could be an amazing book for people who are recently diagnosed with a terminal condition to help them make preparations for their death without being too overwhelmed. It’s great to see everything that could be needed to prepare for death laid out so well with things I wouldn’t have thought of without the professional’s help. It is full of helpful advice laid out in an easy to understand ebay and not too boring or overly jargon filled and the client stories a great way to break up the facts and make it feel less like a textbook.

[Texas]

DEATH IS NO EXCUSE - This lawyer gives a good narrative about why it is important to have a lawyer do the legal work. Before you need that Lawyer, this lawyer goes through every option besides just a plain 'she gets it all' will. There were some items I never considered, like your baby made from the egg and sperm of other people. A good guidance book to start putting your ducks in a row before getting a lawyer. You have to know what ideas you have for the legal beagle to do the job right. Source: Netgalley. 4*

[Andrea Wenger]

This book by a veteran attorney provides a practical guide to estate planning, highlighting the consequences of dying without a will. Using real-life case studies, the author explains how to avoid legal pitfalls, protect your family, and ensure your assets are distributed according to your wishes. It’s informative, entertaining, and easy to read.

Thanks, NetGalley, for the ARC I received. This is my honest and voluntary review.

[Brenda]

This was a quirky book with helpful information on various legal matters we all should be aware of needing professional help to accomplish. The advise is based on U.S. law so not completely relevant to Canadians but it is good to know about these things.

I enjoyed the examples of messed up wills, estates, and other life experiences.

[Didi]

Strange for me to say, but reading about death and planning for it, didn't expect for this to be kinda funny.

This covers wills, trusts, and guardianships, however in the context of USA. Since its not totally relevant, ended up flipping pages where didn't apply to me.

Thank you to Netgalley for an e-arc of this ebook.

2.5 stars