As I’m sure at least some of you saw some months ago, Lamar Odom (former NBA star and husband of Khloe Karsashian) went through a medical emergency that prevented him from making his own decisions. This is a good way to illustrate the purpose of estate planning and why it’s a good idea to re-assess your estate plan when you’re going through a divorce.
When you become incapacitated in a medical emergency, if you have a healthcare power of attorney it will become effective. Your healthcare agent will be able to make medical decisions for you that your are currently unable to make for yourself. If your condition worsens and you’re ultimately facing imminent death or a persistent vegetative state, your living will (or advance directives) will become effective.
When Lamar Odom was incapacitated, he did not have those two documents in place so, his soon-to-be ex-wife (still legally married) became his agent by virtue of the laws in place in that state. Ask yourself this question: If I were getting a divorce, would I really want my soon-to-be ex making life-or-death decisions on my behalf? Didn’t think so. In the absence of a will or living trust, Khloe stood to inherit the lion’s share of his estate through intestacy – probably not Lamar’s intent, especially with Lamar having children from a previous relationship that depend on him.
Luckily for Lamar, Khloe took the role seriously and things went as well as possible for him. Main point: divorce changes a lot of things, but you have to take it upon yourself to make the important estate planning decisions during and after a divorce. You can’t just hope for the best and that your ex will do what’s right. Sometimes, they won’t.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
Linkedin | Avvo | SuperLawyers
How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
Trusted Estate Planning
Attorney Offices in Cary and Raleigh
Capability to meet virtually to help all NC residents
