#Louisiana Estate Planning Attorney

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Safeguard Your Business's Interests with Our Legal Experts!

Like estate planning, we partner with firms to address their valuable investments for the life of the company. Scofield, Gerard, Pohorelsky, Gallaugher & Landry, LLC objective is to make the essential plans so your brand will be as engaging as possible if you decide whether you wish to sell it or possibly leave it to somebody. If you’re seeking a business planning attorney in Lake Charles, Louisiana, reach us for successful assistance!

[gilsoulassociates-blog]

MEDICAID PLANNING IN LOUISIANA

Introduction

This outline gives only the briefest explanation of Medicaid planning, which is but one part of the larger process of estate planning. It will not replace the assistance of a qualified attorney—it is a summarization, not a blueprint. There are too many pitfalls for you to attempt to plan for Medicaid eligibility on your own, and far too much is at stake. Additionally, the law changes constantly, making it difficult for even the professional to keep up. I have created this outline with the hope that you will gain a certain amount of issue awareness, which may alert you to potential courses of action that could save your family large amounts of precious assets and help assure an enhanced level of care should you ever need to enter a nursing home.

What is Medicaid?

Medicaid is a federal program administered by the states. Not to be confused with Medicare, which covers primarily medical benefits and is not needs based, Medicaid covers medical care and nursing home care for those of limited financial means. Medicare covers only a limited amount of nursing home care, while Medicaid covers long-term nursing home care to those who qualify.

What is Medicaid planning?

Medicaid planning is the arranging of your financial affairs to qualify yourself for Medicaid benefits. This allows your resources to be preserved in order to supplement Medicaid benefits, which often fall far short of a person’s needs. Additionally, as a secondary but important goal, Medicaid planning may allow you to leave an inheritance to your children or other intended beneficiaries of your estate. This planning usually involves transferring your assets to your children, directly or in trust, in order to reduce your assets to the point where you qualify for Medicaid. If you are successful in this planning, the state will pay for your nursing home care, and, hopefully, your children will supplement your care when needed. You should consider only legal tactics and strategies. Medicaid planning is not hiding assets or lying on Medicaid applications. Such acts are crimes properly punishable by fines and prison terms. Ethical Medicaid planning means complying with the law. Nothing less is acceptable.

Is it illegal, immoral, or unethical?

Some people, including some attorneys, argue that it is morally wrong to intentionally impoverish yourself so that Medicaid will pay for your nursing home stay. They find it offensive to arrange to \”go on the public dole.\” Others believe there is nothing immoral or unethical in Medicaid planning. Medicaid planning for a family of modest means is equivalent to estate planning for a wealthy family. There is no real distinction between the two – tax breaks that benefit the wealthy are no less an entitlement than Medicaid benefits. One is welfare for the poor, the other is welfare for the rich. Transferring assets to qualify for Medicaid is similar to taking advantage of any income tax benefits, such as deduction interest paid on your home mortgage. It is not immoral to take advantage of this deduction. Similarly, the law does not require that you preserve your assets in case they may be needed for nursing home care. Congress is well aware of legitimate Medicaid planning—it made the rules. It can change the rules at any time it perceives an abuse, and often does so, each time making planning more difficult and less effective. So long as you stay within the rules, you are a good citizen. The Supreme Court of Maine upheld the suspension of a lawyer’s license to practice law because, among other reasons, the attorney failed to advise his client of proper Medicaid planning. This failure resulted in a substantial loss to the client’s family. Attorneys have on occasion been sued by clients for failing to advise them of appropriate Medicaid planning strategies. It is clear that the courts consider Medicaid planning not only legal but also required in some cases.

The New Jersey Supreme Court probably put it best: Medicaid planning is legally permissible under federal and state Medicaid law…. By its actions, Congress has set the public policy for this program and although some might choose a different course, the law has not. Few would suggest that it is improper for taxpayers to maximize their deductions under our tax laws to preserve income for themselves and their families – even though they are, by their actions, reducing the amount of money available to government for its public purposes. In the Matter of Keri (N.J., No. A-70-02, Aug. 5, 2004). A New York court stated: [N]o agency of the government has any right to complain about the fact that middle class people confronted with desperate circumstances choose voluntarily to inflict poverty upon themselves when it is the government itself which has established the rule that poverty is a prerequisite to the receipt of government assistance in the defraying of the costs of ruinously expensive, but absolutely essential, medical treatment. In the Matter of Shah, 694 N.Y.S.2d 82 (App. Div. 1999).

What is required to qualify for Medicaid?

Income test.

If you have income above $2,349.00 , you cannot, as a general rule, receive Medicaid benefits. However, if you are in a nursing home, Medicaid will pay the entire portion of your bill that your income doesn’t cover, up to the Medicaid rate for the particular nursing home. For example, if the nursing home Medicaid rate is $6,000 per month, and your income is $4,000 per month (net of Medicare premiums), Medicaid will pay the shortfall of $2,000, plus allow you to keep $38 as a personal care allowance, meaning Medicaid will pay $2,038 of your monthly bill.

Community property laws are disregarded. Income is attributed to the owner, the person in whose name the income is received (the \”name on the check\” rule). In other words, for Medicaid purposes, income received by your spouse is not yours, even if one-half of that income would be considered yours under Louisiana’s community property laws. If you qualify for Medicaid while staying in a nursing home, you must turn your income over to the nursing home, except for (i) a personal allowance of $38 per month, (ii) premiums for Medicare and health insurance, (iii) an allowance for your spouse of $3,216.00 per month (less your spouse\’s own income) and (iv) an allowance of $2,113.75 per month for dependents, less the dependent\’s own income. Therefore, in most cases if you are in a nursing home and Medicaid is paying part of the bill, and your spouse makes more than $3,216.00 per month, you will need to pay all but a small portion of your income to the nursing home. If your spouse\’s income falls below $3,216.00 per month, Medicaid automatically allows you to transfer to your spouse enough to bring him or her up to $3,216.00 per month without jeopardizing your benefits. However, if your spouse also enters a nursing home, this transfer stops. It is interesting to note that there is no limit on the income your spouse can make if you are the person applying for Medicaid long-term care benefits—only your income counts for this purpose. (Contrast this to the resource test discussed next, in which all of the assets of both you and your spouse are considered.)

Resource test

Because Medicaid is a needs-based program, the recipient must be poor. You are allowed only $2,000 of assets or \”resources.\” In addition, your spouse is entitled to \”countable\” resources (in 2019) of $128,640. These additional assets must be in your spouse’s name, and you will be allowed a reasonable period of time (typically one year after initial eligibility) to transfer this amount of assets from your name to your spouse’s. Not counted, or exempt from the computation of resources, are:

Cash value of life insurance having a face value of up to $10,000.

Cemetery plot.

Prepaid funeral costs. Any portion of this contract that represents burial funds reduces the $10,000 life insurance exclusion and the $10,000 maximum burial funds exclusion.

$10,000 for a burial fund, separate from and in addition to the cemetery plot exclusion. (Computation of the burial fund can actually be somewhat complicated.)

The family home, up to $595,000 of equity, if you intend to return home or if your spouse or minor, blind, or disabled child lives in the home. (However, this exemption is not as substantial as it appears, as your heirs may lose the home to estate recovery, discussed below.) If your spouse or a dependent relative is living in the home, there is no limit to the value of the home.

Up to $6,000 of equity in property not excluded as trade or business property if it yields at least a 6% rate of return and is essential to your support. In other words, if the property produces less than a 6% rate of return, then even this small exemption is not available. Obviously, this $6,000 limitation would only involve a small fractional interest in passive rental property. There may be strategies to get around this limitation under certain limited circumstances.

Business Assets (Property Essential for Self-Support). All property used in a trade or business and all property used by an employee in connection with employment as property essential to self support. Naturally, this must be a valid business. Of course, this exception applies only to the spouse because the nursing home resident will not be working.

Most household furnishings and appliances.

Wedding and engagement rings.

Personal effects such as clothing and hobby items.

One vehicle per household of any value.

It doesn’t matter that your spouse may have inherited assets, those count, unless you get divorced. According to the federal rules, only \”available\” resources are to be counted. If you are the owner of an undivided interest in real estate, your share of the total value of the asset is considered available. The Louisiana Medicaid Eligibility Manual states, “The inability to find a buyer for the resource does not affect the determination of countable value.” This may be contrary to federal law, which requires the consideration of the owner’s reasonable but unsuccessful efforts to sell an interest in real estate, although an Alabama appellate court opinion agrees with Louisiana.

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[bpp-law]

Louisiana Simple Succession

[bellcuban9]

Writing A Will During Lockdown.

Making A Will In Louisiana.

Content

Select Guardians For Your Kids And Also Animals.

The Possesions Of Your Estate Are Dispersed As Per Your Wishes.

Beware: Not All Wills Are Controlled

Our Bespoke Wills Solution.

Why Pick Glanvilles Will Composing Legal Representatives In Fareham?

Your will can be revoked at any time prior to its effectiveness, by filing a simple motion in a court of law. Once filed, if there is no response from the estate, or if no beneficiaries are named, the revocation can then go into effect. Once revocation takes place, a copy of the original document must be filed with the court that created it, and another certified copy must be sent to the other named beneficiaries. In the event of a successful revocation, your assets will be returned to the estate of your last living trust, which means that your beneficiaries will now share the property evenly between the remaining beneficiaries.

Who are your intended recipients? Appellate courts typically allow the following to be witnesses to a Will: your spouse, anyone who is your co-habitant, children, anyone considered a dependent of your spouse, a person considered your estate, your attorney, anyone acting under the powers of a judge, a public official or anyone named in the document. However, codicilators and administrators are not allowed to be witnesses to a Will. They can revoke a Will at any time but must do so in writing.

Select Guardians For Your Kids And Also Family Pets.

How may I make my intentions known to others? You may want to leave a Will with a trusted friend or associate who can act as a go between for you and those you leave your instructions with. You may also choose to let trusted members of your family know of your Last Will and Testament. Again, consult your state probate laws for specifics.

Can a Will be revoked after it is executed? A will can be revoked either before or after you die depending on the state probate laws. If you pass away intestate (without leaving a will), then upon death, the last will and testament must be filed in the probate court. If you appoint an administrator or another designate to control your estate, they can file a "revocation of testament" with the court if you die before taking care of your estate, thereby revoking your last will and testament.

The Possesions Of Your Estate Are Dispersed Based On Your Desires.

It is vitally important to choose an experienced attorney to make decisions regarding estate and personal assets. There are a wide range of different lawyers available today who are experienced in handling all kinds of estate planning matters including adoptions and retirement plans. It may be beneficial for you to consider consulting the services of an attorney before making any major estate planning decision. A good attorney can guide you through the process of making financial decisions, as well as assisting with the preparation of your will.

You can use our Free Will Service to aid you find a lawyer to create your will either online, through the post, over the phone or a video clip telephone call, in person at home or in branch with a lawyer.

If you compose a will, you can choose who you intend to sort out your estate.

Your estate is whatever you have, consisting of money, property as well as belongings.

Or, if you 'd rather not utilize our service, we recommend speaking to the Regulation Culture to discover a listing of solicitors near you.

Who are the witnesses? To make sure that your Power of Attorney is legally valid, your attorney and any witnesses you use must be people who are actually related to you. This includes your spouse and children, your parents and any other survivors who may benefit from your Will. Anyone unrelated to you cannot sign or testify on your behalf. You cannot have more than two people as witnesses, and witnesses should normally be related to you by marriage or adoption.

Be Careful: Not All Wills Are Managed

There are many situations in which an estate executor might be appointed. If someone is seriously ill or incapacitated, such as due to a debilitating condition or long-term illness, the will may state that a personal representative should take over the powers and duties of the probate court. The appointee does not have to follow the same standard as that of the other beneficiaries, and can vary according to state probate law. The will can also specify whether the appointment should be temporary permanent, or exclusive.

What needs to be included in a will?

Steps to Make a Will: Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make direct wills trusts . Sign your will in front of witnesses. More items

What's the difference between a Power of Attorney that you make yourself and a will that you make? They are both ways of legally sharing ownership of your assets and financial liabilities, but there is a clear distinction. A Power of Attorney that you make yourself authorizes any financial, medical or legal decisions that you would take on your own. In other words, it gives you the authority to make the decisions, not the other way around. Whereas a will clearly expresses your intentions regarding the manner in which your property and assets will be handled should you become unable to exercise your power of attorney, a Power of Attorney does not express any intentions regarding the manner in which it will happen should you become unable to act.

Another situation in which it may be necessary to appoint an executor is when the testator has minor children who are not included on the testator's list of dependents. If the testator has a living son or daughter, but doesn't have a daughter, then the assets will go to either the father or the daughter depending upon the order of the testator. In read more... , an estate plan with an attorney really should be the most logical choice.

Our Bespoke Wills Service.

For example, if a couple has been married for many years and has a large family, they could possibly designate one as the surviving spouse and instruct that the assets are distributed according to the family line of descent. In addition, there are some specific situations in which a person does not have to appoint an executor. One situation in which this is applicable is when the decedent has no minor children. He or she may simply choose to distribute the remaining assets to his or her surviving spouse and children. However, in the majority of cases, it is necessary to appoint an executor.

What are the three conditions to make a will valid?

Requirements for a Will to Be ValidIt must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.

This is the importance of a will: by design, it ensures that your assets will be distributed according to the wishes of your last living trust. However, if you pass away unexpectedly, without leaving a will, your estate may face problems. If an attempt to revoke goes unsatisfied, there could be claims on your estate for debts or outstanding obligations. Additionally, if there are not enough assets to cover the debt of the decedent, his or her personal properties can be liquidated to pay off the debt. If this happens, it is wise to have a will executed even if it seems that no one wants the assets, so that the process can be followed to ensure the smooth transfer of everything to your final beneficiaries.

It is important to understand what will happen when the person dies. Willingness is often considered an essential component of estate planning. If a person can not speak or take care of themselves properly, it is wise to appoint a personal representative. However, there are situations where it may not always be practical to appoint an executor.

Can property be divided among family members? Property acquired during your lifetime is generally exempt from inheritance taxation. However, there are special situations where your property will be taxed. These include any real property you acquire during your lifetime, certain retirement assets such as mutual funds and bonds and certain life insurance policies.

Many people today, at some point in their lives, are faced with the reality of being able to execute their own will and living their final days peacefully. A will is one of the most important documents a person can create, as it names (and properly name) the intended recipients of inheritance assets. But what happens if your loved ones don't survive you?

Anyone can "make a Will" despite lacking the mental capacity to do so. Anyone can sign a Power of Attorney or take part in a Will if they meet minimum requirements set forth by law. Anyone who does not meet these minimum requirements is not qualified to sign or participate in a Will.

Financial Debt And Also Money

Will vs. Probate You can state in your Will that either (I) your beneficiaries will be the individual(s) specified in the Will, (ii) that your beneficiaries will receive specific monies held in trust under the Will, or (iii) that specific parties (other than your beneficiaries) will hold the assets specified in the Will until you die. Your Will must be filed with the proper jurisdiction and must include specific authorization for your executors to perform the tasks outlined in it. Some jurisdictions do not require a Will to be filed. Other governing bodies have different standards. In any jurisdiction in which you choose to file a Will, your agent cannot take the property and carry out the specific tasks outlined in the document without your authorization.

[gilsoulassociates-blog]

Covid-19 : 2 Big Legal Tips!

Two Big Covid-19 Legal Tips

When Wilma (all names changed) went to the hospital for Covid-19, they had to put her on a ventilator.

But years ago, Wilma had signed something called a living will which said that she did not want to be hooked up to any machines. What should the doctors do?

In Louisiana, a living will is a legal document that tells your doctors and your family whether or not you want to be hooked up to machines in order to keep you alive. Of course, if you are conscious and competent, then you can tell the doctors what to do about the machines regardless of what your living will says. But in Wilma’s case, she was unconscious. In a situation like that, the doctors are going to be interest in whether she has a living will.

But living wills only apply in certain situations. Here’s what Louisiana law says: the doctor must follow your living will if you have “a terminal and irreversible condition” and you are “comatose, incompetent, or otherwise physically or mentally incapable of communication.” When it comes to determining whether you have “a terminal and irreversible condition,” two doctors must agree that you are in “a continual profound comatose state with no reasonable chance of recovery” or you have “a condition caused by injury , disease, or illness which, within reasonable medical judgment, would produce death and for which the application of life-sustaining procedures would serve only to postpone the moment of death.”

In other words, if there’s a chance that you can recover, then the doctors are going to hook you up to the machines. A living will only applies if two doctors have determined that you’re not going to get better and hooking you up to the machines would keep you alive but only “postpone the moment of death.”

So, Wilma’s got Covid-19. Contrary to what you may have heard, that isn’t necessarily a death sentence. Intubation and placement on a ventilator might actually save Wilma’s life. She could get better and be just fine. Her condition isn’t “terminal and irreversible.” In “reasonable medical judgment,” there is a “reasonable chance of recovery.” That means that Wilma’s living will doesn’t apply to her situation.

Tip #1: Some living wills say that under no circumstances is the patient to be intubated. Is that really what you want?

But let’s get back to Wilma. The doctors have decided that there’s a “reasonable chance” that she could recover. But she’s still unconscious and can’t tell the doctors what to do. What happens then?

If Wilma has a health care power of attorney, then the doctors are going to ask the power of attorney what to do. In Wilma’s case, she had given her health care power of attorney to Fred, her husband. Which means that Fred will have to decide whether to have his wife put on a ventilator.

The difference between a living will and a health care power of attorney is whether or not the patient has a “terminal and irreversible condition.” If so, then the doctors are going to do what the living will says. But if it’s not a “terminal and irreversible condition,” then the doctors will go ask your power of attorney what to do. And in usual circumstances, the doctors would ask Fred in person. But with the Coronavirus, that may be impossible.

Tip #2: Which brings me to tip #2: make sure that your health care power of attorney specifically says that your agent (the person you give health care power of attorney to) has authority to communicate with your medical professionals by phone and electronic means.

That shouldn’t be necessary. There is nothing in Louisiana law that says that powers of attorney can only act in person. But does your health care agent know that? Do all health care providers in the state of Louisiana know that? The point of a good estate plan is to prevent problems before they happen. Especially in our Coronavirus times.

https://www.gilsoul-law.com/covid-19-2-big-legal-tips/

[thephilosopheroftheboudoir]

Grim History

The Dred Scott Case and the Supreme Court’s Lowest Moment Eve

     The United States of America has never been without divisive and contentious political issues that that threatened to tear the nation apart. By 1857, the abolition vs. slavery debate was exactly that. Northern Abolitionists were ramping up their attacks on slave-holders and the southerners were pressuring the government to permanently make slavery a legal institution. As America expanded into the territories further west, the debate became more heated since both northerners and southerners wanted to claim them as their own. The Missouri Compromise allowed that states below the 40th parallel were allowed to be slave states and those above that line were not, with the exception of Missouri where slavery was legal but some African-Americans were also allowed to be free. Missouri is where the Dred Scott vs. Sandford case started and escalated all the way up to the Supreme Court. To this day, the judgment in that case is considered to be one of the biggest legal disasters in the history of the USA.

    The man named Dred Scott was born a slave in 1795 in Virginia. His owner, plantation manager Peter Blow, moved to Alabama and brought Scott with him. Later he moved to St. Louis and decided to give up farming so he sold his slaves and the ownership of Dred Scott was transferred to a doctor named John Emerson. Dred Scott’s legal status as a slave became complicated when Emerson moved to Illinois while retaining ownership of him. Slavery was illegal in Illinois. They later went on to Wisconsin, then part of Minnesota, yet another state where slavery was illegal. While there, Dred Scott married a woman named Harriet Robinson, complicating his legal status ever further since slave marriages were not recognized by law in slave states. The married couple went on to have a daughter. Emerson, being an army doctor, was ordered back to St. Louis so he brought Dred Scott and Harriet Robinson with him. During the journey by steamboat down the Mississippi River, Ms. Robinson gave birth to their daughter, Eliza; she was born while they were still traveling in the northern territories so technically she was a free citizen.  Emerson was then reassigned to a post in Louisiana so the Scott family again were taken along. Under Louisiana law, Harriet Robinson and Eliza were slaves simply because they were African-American and were thereby considered Emerson’s property. Dred Scott’s marriage was considered null and void since slave marriages were not recognized in southern courts.

    Dr. Emerson was further transferred to another state, this time to Florida to serve in the Seminole War. He gave Dred Scott and his family over to his wife Irene in St. Louis where she hired them out for her own financial gain. Emerson died and Irene inherited the estate which included the Dred Scott family as part of the possessions. She continued to rent them out but Dred Scott was tired of slavery; after having tasted freedom in Illinois and Wisconsin, he decided he wanted to be free. He offered to buy his way out of ownership but Irene Emerson thought renting the family out for hire was too lucrative and she refused. Since slavery was only partially legal in Missouri, Dred Scott took the matter to court.

    Missouri, in precedent cases, had a history of freeing slaves who had been transported into free states or territories. Therefore, when Dred Scott went to trial he was optimistic of an easy victory. Unfortunately, he lost the case due to an absurd minor technicality; the prosecuting attorneys had failed to establish that Irene Emerson had enslaved Dred Scott. The judge did, however, grant Dred Scott the right to a retrial.

    It took three years for the next trial to begin due to a cholera outbreak, a fire in the courthouse, and delays on the part of the legal teams. During that time, Dred Scott and his family were temporarily  transferred to ownership under the sheriff who continued to rent them out for work, thereby holding the wages he earned in escrow to be delivered to the winner of the case at the end of the trial. This time the jury ruled in favor of Dred Scott but Irene Emerson did not accept defeat. She complained that losing three slaves and the escrow attached to them was too much of a financial loss so she took the case to the Supreme Court of Missouri. Before the case went to trial, Irene Emerson transferred ownership of Dred Scott’s family to her brother, John Sandford since she had moved to Massachusetts, ironically, to marry an abolitionist senator. The Supreme Court of Missouri overturned the previous verdict on the grounds that, times having changed, setting slaves free would cause a major disruption and upheaval in society; in order to keep the state in a condition of peace, there were to be no more emancipations of slaves from then on.

    Dred Scott was again granted a retrial. By this point he was without any financial backers so an abolitionist lawyer agreed to represent him in exchange for janitorial work in his office building. The jury ruled in favor of Sandford because the Supreme Court of Missouri ruled that Scott was to remain a slave and slaves had no legal right to sue their owners.

    After the fourth trial, John Sandford moved to New York and continued to rent out Dred Scott and his family as an absentee owner. During this time, Scott continued to plead for a retrial but since Sandford was living out of state, the case had to be taken to the Supreme Court of the United States. In March of 1857, the Supreme Court ruled 7 – 2 in favor of John Sandford. In a 200 page explanation of the ruling, Supreme Court justice Roger Taney explained that the writers of the Constitution had never intended for African-American people to be considered citizens of the United States; they were brought to America to act as laborers with the same legal rights as domesticated farm animals and other forms of property for white people. He reasoned that since it was impossible for African-Americans to be citizens, it was impossible for them to take a case to court. Therefore, John Sandford was found innocent. The two dissenting Supreme Court justices countered this by saying that if Dred Scottt, as an African-American, could not legally take a slave owner to court, then there was no logical ground for accepting the verdict of the case anyhow. But the emotions of the other Supreme Court judges overruled their ability to think sensibly. Dred Scott had lost again but his life was not over.

    In addition to the absurd verdict, the justices of the Supreme Court had made another terrible miscalculation. Since slavery was such a divisive issue, they mistakenly thought that their judgment in the Dred Scott case would put the controversy behind so the nation could move on to other matters. But the Abolitionists reacted to their verdict with rage. In response to their fury, the southern secessionist movement began to grow and plans to initiate the Confederacy began. Instead of uniting the nation, the Supreme Court divided the nation further. Hostility between the two sides exploded and soon the Civil War would begin. Meanwhile, the status of the Supreme Court sank so low that they were unable to regain respectability until much later in American history.

    John Sandford soon died and ownership of Dred Scott, Harriet Robinson, and their daughter Eliza was transferred to Taylor Blow, the son of Scott’s first owner. Feeling sympathetic to Dred Scott’s plight, Blow filed manumission papers with the state court in Missouri and Dred Scott, along with his family, were emancipated in 1857. The Abolitionists were ecstatic and Dred Scott became a celebrity. He went to work as a porter in a St. Louis hotel. Sadly his freedom was short-lived and he died of tuberculosis less than two years after being set free and living the greatest eighteen months of his life.

Reference

Kelly, Alfred H. and Harbison, Winfred A. The American Constitution: Its Origins and Development. W.W. Norton and Company, 1946.

 https://grimhistory.blogspot.com/ 

[maevefiction]

Your Light in the Mist - Chapter 23

When we arrived at Estelle J Wilson, there wasn’t a parking spot to be had. Even those earmarked for funeral attendees were taken, and as we drove past the main entrance to head around the block in search of one for ourselves, there they were…news vans from local affiliate stations WWL, WDSU and WGNO. A few feet down I spotted the paparazzi, four or so as best I could tell, lurking and waiting.

I turned to Tom, smirking. “Weh-hel, THIS is going to be a lot more interesting that I anticipated. Apparently.”

He pulled into an open space two blocks down from the funeral home and put the car in park. His right arm rose, then settled on my shoulder, hand grasping the back of my neck, massaging gently. “You okay to do this?”

I shrugged, enjoying the way the fabric of my dress seemed to float around my arms. His massaging continued in spite of my movement. “I’d like to tell you to turn around and go back to the hotel, but somehow I don’t think me not showing up for my mother’s funeral would improve upon the situation. And I know I’ll have to talk, because, hey-o, I can’t even run past them. But, on the bright side, at least I had the sense to wear my yoga shorts underneath the dress so there’s no chance of a wardrobe malfunction during any of this.”

Tom laughed, lines appearing around his eyes, relaying the story of a man who enjoyed doing so and had for his entire life. “Thank god for small favors. If I happened to get a look under there at this point they’d all be in for far more of a show than they’re equipped to handle.”

“Dude. Was that supposed to help? Because…not helping.” I leaned over and planted a sloppy kiss on his lips, then opened my door. The ibuprofen I’d taken had helped immensely, and I was fully capable of walking without crutches, albeit slowly. Chances were that using them, though, might garner some sympathy from the press. Tom watched me pull them out of the car, eyebrows raised. “One, I can move faster if I use them. Two, I want everyone to feel sorry for me. Sorrier. Don’t ruin my moment, Hiddleston.”

“Perhaps I should carry you instead if it’s attention you’re seeking.”

“Not attention. SYMPATHY. If you carry me, people will feel LESS sorry for me. Not part of the plan. Plus, it’s like, two blocks and you’d fucking keel over. Also not part of the plan.”

He got out of the vehicle and came round to the passenger side, my messenger bag slung over his shoulder. “Thomas, you are a god among men, unashamedly carrying your woman’s purse.”

His eyes lit up, and he pointed at it. “This? This is NOT a purse, darling. THIS is a EUROPEAN CARRYALL.”

I raised my forearm up as far as the crutch would allow. “Nice. Second Seinfeld reference of the day. High-five.”

The palm of his hand connected with mine, tenderly, and our fingers twined together. “Remember, I’m going to be right there with you. And if you don’t wish to say anything, simply don’t say anything.”

“Um, I’m sorry…I’m supposed to be the one telling YOU that, yes?”

He grinned impishly. “Tables, Maude. Oh how they turn.”

As we reached the news vans, the noise began, seven people shouting out questions all at once, cameras and mics pointed in my direction. The cacophony caused my brain to shift into crisis management mode, and I stopped dead in my tracks. Tom stood at my side, transferring his weight from one foot to the other. My gaze moved from one reporter to the next, looking them straight in the eye. The noise died down, then out. I took a deep breath and began to speak.

“Hello there. How’s everyone doing today?” They turned to one another, shoulders shrugging, faces contorting into expressions of puzzlement, unsure as how to proceed. “Under normal circumstances, I’d be happy to give you all the time you need, but I’m running behind as it is and have in inkling that it would be just a wee bit disrespectful if I were to be late for my mother’s funeral service. That being said, I think I DO have enough time for one question from each of you.” I pointed to the young, dark-haired woman in the floral print dress holding a WWL microphone.

She cleared her throat, then motioned to her cameraman to begin recording. The other two crews followed suit, and I assumed the paps were recording as well. “Ms. Gallagher, do you have anything to say regarding your ex-husband’s arrest?”

I had plenty to say. So, so much to say…ninety-nine percent of it unsuitable for television. “First, allow me to mention that the Winchester family has been in my thoughts ever since I heard the news. I can’t even begin to imagine what it’s like to have someone invade the sanctity of your home, where you’re supposed to feel safest. And someone armed…it must be terrifying. Mr. Bonaventura’s actions were deplorable, and I trust that the Louisiana justice system will dole out the appropriate punishment when the time comes. Next question, the gentleman from WDSU. And please, call me Maude.”

He was short, chubby and dressed in a tweed jacket that I was certain made him feel like he was in the ninth circle of hell. “Maude, is it true that he intended to break into your mother’s home but chose the wrong house in error?”

Suppressing the smile that fought to spread across my face was a daunting task. “That’s my understanding, yes.”

The reporter from WGNO didn’t wait his turn, and exceeded his inquiry limit within seconds. “Why would he need to break into her home? I’ve seen a copy of the will…it was to go to him, without question. Are you contesting it? Have you taken possession illegally? Did you lock him out? Is that why he did it?”

What a total douche canoe. I wanted to slap him, but stared him down instead as I prepared my reply. “Gosh, I think that was five questions, not one. I know, I know…math is hard, right? Anyway. My mother died intestate, which means the entire contents of her estate passes to me according to Louisiana law. The will that was in Mr. Bonaventura’s possession was revoked, and another was not created. You can contact her attorney, Bartholomew Stevens, if you have additional questions regarding the matter. As to why he did it, my guess is he came back to New Orleans expecting something, and when it turned out that something was actually nothing, he grew rather malcontented. Next question, you in the red T-shirt.”

He held out his phone to better capture our exchange, sun creating a halo around his blonde, curly hair. “Maude, is it true that Mr. Bonaventura cheated on you with your own mother, and that your father killed himself because of it?”

Tom muttered something under his breath, and I hoped I was the only one who’d heard. The inner calm I felt in the face of a question that would have caused a breakdown just days earlier made me feel damn near invincible. “Absolutely correct.” I pointed at the young Asian woman dressed in a bright purple track suit and pink Converse Hi-Tops. “You’re next, please.”

Her face was an expressionless mask. “According to Passages Hospice, you never visited your mother there prior to her death. Is that accurate, and if so, why?”

“Yes. That’s correct. As to why…my mother suffered from alcoholism and Narcissistic Personality Disorder. Though, in actuality, it was everyone close to her who did the majority of the suffering. Her cause of death was alcoholic cirrhosis of the liver. The last time I saw her was in 1998, when I walked in on her and Mr. Bonaventura during an intimate encounter. No-contact is a widely accepted method for dealing with toxic people in order to facilitate recovery. I was contacted by the hospice when she passed as I’m the only next of kin. Gal in the tank top…your turn.”

The tank top was an old-school wife beater, paired with khaki shorts that reached her knees. Her white- blond hair was short on one side, long on the other, with pink tips. “My sources tell me that you’re an alcoholic too. True or false?”

My jaw tightened. They’d obviously been speaking with ‘mourners’ in spades, and it was no surprise that a good number of people here still thought of me as drunkard Mary’s drunkard daughter. “In September of 1996, my boyfriend was killed in a car accident. Shortly after his funeral, I discovered I was pregnant. Soon after THAT, I miscarried. I found myself unable to cope with such profound loss and used alcohol to self-medicate. Since I honestly can’t say whether I wasn’t capable of stopping or just chose not to during the time I was drinking, alcoholic is probably an applicable term. I’ve been sober for seventeen years, though. Last question, gentleman with the man bun.”

He laughed briefly, then frowned slightly, as if he was reconsidering asking what he’d planned to. “Hello, Maude. I spoke with Mr. Bonaventura’s current wife, Anna Beth, this morning via phone. When I asked her how she felt regarding his arrest, she expressed relief and indicated that he abused her verbally and physically. Is that something you experienced during your marriage to him?”

I gave a curt nod. “Yes. It was. Unfortunately, it was something I’d endured for years in my own home prior to marrying Mr. Bonaventura, so it didn’t seem abnormal to me until after I removed myself from the situation. If my sources are correct, Anna Beth was very young when she met and married him, as was I. It is my hope that this incident will allow her to move on with her life, heal and find the peace she deserves. Okay, folks. Apologies, but that’s all I have time for. Thanks so very much for your cooperation.”

Man bun raised his hand, then pointed to my walking boot. “Maude, I’m pretty sure we’re all wondering how that happened. Would you mind…”

My eyes rolled skyward. “Damn, and here I thought you wouldn’t notice.” Laughter rang out. “I wore heels to dinner last night, and they got the best of me. Right down on my ass in the middle of the Palm Court Café. It’s just a sprain, two weeks and I should be good. Seriously, though…gotta go. You all enjoy the rest of the day.”

They stepped back and to the side, allowing us to pass. Four crutch swings later Tom appeared in front of me, the admiration in his eyes flooring me completely and freezing me in place. Two steps brought him close enough to lean in to kiss me, admiration replaced by ardor and fire, grasping the back of my neck with one hand, sucking my bottom lip into his mouth so forcefully that I came. It was a tiny orgasm, over and done in two seconds, but an orgasm nevertheless. His grip on my neck tightened, and I knew he must have felt me shudder. He deepened the kiss, and as our tongues met I heard camera clicks, faint, as if they were down at the end of a tunnel, far away. A distant repetition of ‘Excuse me, Ms. Gallagher?’ grew ever louder, finally snapping me back to reality. I pulled back, looked past Tom to discern the source, and was mildly humiliated upon seeing Reverend Thompson standing there. His face was as red as a cherry tomato, the flush extending down his neck and, I assumed, beneath his clerical collar.

He cleared his throat, hands clasped behind his back. “Ms. Gallagher, we’re about to begin. Follow me, please.”

Tom remained in front of me, a look of astonishment on his face as he mouthed the words ‘Did you…?’ I plastered a polite smile on my countenance, nodding at him as I addressed the reverend.

“Apologies, Reverend Thompson. Thank you for your patience. Lead the way.”

As we walked toward the entrance Tom fell into step beside me, whispering in my ear. “An orgasm. From a kiss. MY kiss. Man alive, I feel like a fucking rock star right now.”

My head spun in his direction, ponytail swishing back and forth across my neck in its wake, eyes narrowed. His mouth dropped open, then closed again as he reached out to touch my bare shoulder.

“Maude, I’m sorry, that was a dreadfully self-centered thing to…”

I grinned and shook my head, speaking softly as he removed his hand. “I’m just screwing with you, Thomas. That lip thing…it…DID something to me. Anyway. Allow me to assure you that you are a fucking rock star. MY rock star. And as an added bonus, it would have REALLY pissed my mother off to know that I was making out with the sexiest man alive at her funeral.”

“That’s not a title People magazine has bestowed upon me as yet, Maude.”

“I’m well aware of their prior woefully inadequate choices. But I just did.”

“And that’s infinitely more meaningful, of course.”

“Nice save, Hiddleston. If they don’t put you on the cover soon, though, they’re going to be getting some…calls.”

We’d reached the front door, and Reverend Thompson held it open for us. The service was being held in the same room as the viewing, and as we approached I could see it was packed well beyond its limit. After pausing for a moment to prepare myself to walk the gauntlet, I opted to do so without the crutches, resting them against the wall to the right of the doorway. Reverend Thompson motioned for us to enter before him, and Tom offered his arm. I gratefully accepted, and as we crossed the threshold all heads turned, row by row, gazes fixed upon us. Tom’s face was expressionless, the dark blue of his button down shirt reflecting in his eyes, black trousers sitting low on his hips, black leather tie perfectly knotted at his neck. Even less graceful than normal due to the height difference of my walking boot and my black Birki, I kept myself in check by counting the number of steps it took to reach the front of the room where the closed casket rested, covered in a blanket of pink roses. Two seats were vacant in the front row, on the aisle and next to Anne. The whispers began when we were halfway there, fifteen steps in. My head remained high, jaw firmly set, as I passed by the throng of people who’d decided attending the funeral of someone they hadn’t given the remotest shit about in order to obtain a firsthand account of the event so they could later spread any juicy gossip they managed to gather was an ideal way to spend a summer afternoon.

Tom continued to hold my arm until I was comfortably seated next to Anne, then took his place at my side. Anne patted my knee as Reverend Thompson half-jogged to the front and began. I put my right hand over hers and squeezed, and Tom reached out to take my left one in his. After the introductory portion of the service, I zoned out, Reverend Thompson’s voice becoming very similar to that of the adults in a Charlie Brown cartoon. All I heard was ‘wah wah, wah wah wah wah wah, wah wah’, and eventually even that faded away into nothing. Man bun’s words haunted me, and my thoughts turned to Anna Beth. I’d been strong enough to get away from Will on my own, but I’d actually had somewhere to get away TO, the funds to get there, AND enough to start over with. Those were luxuries she did not possess, and there were three children she’d need to support on her own going forward as well, another hurdle I hadn’t had to clear. Marrying at such a young age had more than likely put her in a position wherein she had little to no employment experience, and few marketable job skills…or none whatsoever. Though I’d intended to donate the proceeds of the estate sale to the Metropolitan Center for Women and Children, I found myself seriously considering sending them her way instead. It would have to be done anonymously, of course, and Barty already had a way to contact her. Part of me felt as if I’d be slighting the many to help the few, but in this instance it was personal. We had an ill-fated kinship, Anna Beth and I, born of lies emanating from a man who’d used us for his own nefarious purposes, violence and mental abuse his means of controlling us so we’d never dare to question a single blessed thing as he fulfilled his unscrupulous objectives.

The sound of the crowd around me rising to their feet derailed my train of thought, and I left my seat as fast as I possibly could, not wanting anyone to have the slightest indication that I hadn’t been paying any attention to the service. At all. Tom’s arm slipped around my waist, and we remained where we were until the rest of the room cleared. Anne offered to join us at the cemetery, asking to hitch a ride in our rental car as she’d taken a cab to the funeral. I was pleased to discover that the news trucks had departed, but the paps remained, photographing and filming Anne and I as we waited for Tom to bring the car round for us. At Greenwood it was just the three of us, the hearse driver, and the folks responsible for the interment procedures. I remained back at least fifteen feet from the crypt, silent the entire time, having already said my final goodbyes to the people who’d brought me into this world. We left for as soon as they began the closing process, and I looked back over my shoulder one last time as we made our way out of the garden, wanting this moment to be my last memory of my mother. Dead. Gone. Sealed inside a coffin, inside a mausoleum, never to speak new words that could hurt me ever again. And that was enough to shift the specter of the past from translucent to transparent…what used to only allow light to pass through while masking the details was now completely clear, entirely visible. The thing about the past is this…it’s always present. There’s no escape from it. You can run, you can hide, but it will inevitably find you. There is, of course, a better solution, one I’d finally been brave enough to attempt. Face it. Embrace it. Remember it. Learn from it. And, most importantly, try your best to not let it fuck your life up too badly along the way as you moved further and further beyond it.

Tom and I bid Anne adieu as we dropped her off at Café du Monde, then hurried back to the hotel so we’d have enough time to change, pack, check out, and arrive at the airport by four. Our flight was scheduled to leave Louis Armstrong International at five-thirty and arrive in New York at nine-thirty, and if the gods were feeling generous we’d be settled into my apartment an hour or so later. Or, I should say, our apartment. A foreign concept as far as I was concerned, but one that made me deliriously happy. And that was something I could totally get used to.

**************************************** The duration of our first-class flight was primarily spent sending each other naughty text messages, each one filthier than the last. Afterward there was much debate as to who started it, but I refused to confess even though I was guilty as sin. He was just sitting there, in his cargo shorts and white V-neck T-shirt, up against the window with the sun reflecting on his pretty fucking face, driving me insane.

The hollow at the base of your neck, right above your collarbones. My tongue needs to be there. Like, now. – M

Go ahead. No one will notice. We’re in the last row. – T

Hmm…is it me or did that make your nipples hard, Thomas? I can see them right through your shirt. Guess they’ll be the next stop for my tongue. – M

The first stop for MY tongue is going to be your mouth, Maude. Running it over your lips, your teeth, then thrusting it in and out over and over until your moaning alerts the passengers in front of us. –T

Back and forth we went, until the final exchange.

I’m going to work my cock into your ass, inch by inch, until I’m buried inside you. Then I’m going to slip three fingers into your pussy and fuck you with them as well, so I can feel my cock from the INSIDE through the oh-so-thin wall that gives both of us so much pleasure as I pound your ass relentlessly, my thumb massaging your clit until you want to scream…but since you can’t, I’ll be forced to cover your mouth with my hand in order to keep you quiet. – T

And just as you’re about to come, I’ll invite you to fuck my mouth. As soon as you pull out of me, I’m going to drop to my knees and suck your cock so hard you’ll see stars. I’ll sneak my index finger in my beside it at some point, get it nice and wet, then run it between your ass cheeks until I find that glorious pucker. My finger will keep moving round and round the rim as I keep licking at and sucking on your cock, loosening you up, stretching, until you’re ready…then in it goes. Then out, then in. Again and again. I’ll wait until I feel your rhythm start to falter, then I’ll press my finger down on that magical spot inside you and swallow you whole as your come shoots down my throat, hot and sticky. You’ll have bruises on your knuckles for a week from biting down on them so hard. – M

That broke him. He stood, put his hands in his pockets to hide his raging hard on as best he could, pushed past me and locked himself in the bathroom. When he returned he was smirking, and I’d thought I wouldn’t need to, but he kissed me, long and slow, and I found myself in the loo a few moments later, pants around my ankles as I attempted to rub one out so I could make it home without fucking him in the back of the car that would be waiting for us. Or on the plane. In front of everyone. My phone dinged, and I bent to pull it out of my pants pocket. He’d sent me a video he’d made during his turn, hand on his cock, jerking himself off, standing right in the same spot I was in now. That was all the inspiration I required, and then some. I deleted it as soon as I finished, then texted him to remind him to do the same. Even though his face wasn’t visible, it still wasn’t something that should be kept around. Despite the fact that I wanted to watch it a thousand more times.

As we circled LaGuardia, I began singing Frank Sinatra’s ‘New York, New York’. Quietly, I might add, until Tom joined in, then a good number of the other passengers in first class, turning it into an impromptu sing-along that grew loud enough as we reached the final chorus to warrant a shushing from the flight attendant. We disembarked, picked up our luggage, and found the driver holding a sign with GALLAGHER written on it. Tom had given the company my name in an attempt to avoid any unnecessary scrutiny, but it turned out to not make a difference as this was New York, where no one gave much of a fuck about how famous you were. I’d seen Madonna try to cut line at a bagel shop once, only to be rebuked none too gently by everyone already waiting, resulting in her taking her place at the back of the queue, laughing and saying she should have known better than to do such a thing on her home turf. There was not a single soul standing still as we followed the driver to the curb, everyone looking down and walking quickly as they sought to fulfill their own personal missions.

Forty-five minutes later we arrived at 250 Mercer Street in Greenwich Village/NoHo, a wide smile spreading across my face at the prospect of being home, growing ever wider when I turned to Tom and it hit me that for the first time since college, someone I loved was coming home with me.

He leaned over me, peering out my open window, craning his neck to see how high it went despite the fact that it was dark.

My hand found his thigh and settled there. “It’s 16 floors in some spots. Building was erected in 1888, renovated in 1979 and remained rental apartments until 1986 when it went co-op. My dad bought it in 1995, for exactly how much I don’t know. He signed it over to me for a dollar a few months later, and I didn’t pay any attention at all to the paperwork. Surprising, right? I’d have to pull the deed to find out the amount. Now it’s worth around eight hundred thousand or so, but I don’t care, because I am NEVER selling it. I’m on the 5th floor. And yes, there are elevators. Thank god.” I opened the door, stepping on my right foot gingerly. The pain was back, mainly because I was a fucking moron and not only forgot to take my ibuprofen but had packed it away in my suitcase instead of my carry on. The crutches were in the trunk, and the driver brought them around first for me, the followed with our luggage.

Tom came out on the curb side as well, stretching, arms up over his head, T-shirt riding up just enough to reveal his belly button and the start of his happy trail as he glanced around at the street signs and location. “The Village, yes?”  

“Technically it’s right on the border of Greenwich Village and NoHo. Best of both worlds and all that. Washington Square Park is right over that way…” I pointed in the correct direction, but it looked like I was pointing at air since it wasn’t visible. “You can totally see it from my window.”

Tom tipped the driver, who’d brought the luggage right to the door for us when he realized it was way too much for one person to carry. The glass door opened towards us, and out stepped Murray Goldberg, my favorite doorman. His uniform was black, with gold trim and buttons, exactly the same as it had been when I’d moved in, and, according to him, as it was when he started back in 1987. He was in his mid-sixties, not much taller than I was, with thinning white hair and gold-framed John Lennon glasses.

“Well, well, well…look what the cat dragged in. If it’s isn’t Miss Maude Gallagher. You were supposed to be back for the July 4th weekend…how I worried and worried!” He chuckled as I half-embraced him, crutches tucked to my side with my elbows.

“Oh please. You are so full of shit, old man. You didn’t even notice I was gone. And besides, look what I brought back with me!” I released him and gestured to Tom. “Murray, this is Tom Hiddleston. Tom, Murray Goldberg.”

Murray glanced at Tom, then rolled his eyes at me. “So THIS is why you went AWOL.” He held his hand out to Tom, who shook it vigorously. “Nice to meet you, Tom. Welcome to 250 Mercer.”

Tom grinned. “Thank you, Murray. Pleasure to meet you as well.”

Murray looked puzzled for a moment, and I knew it had dawned on him that Tom was an actor, but he shrugged it off and poked my arm, suddenly switching to a thick Brooklyn accent. “Englishman, eh? Whatsamatta, New York guys not good enough for ya anymore?”

I snorted. “Nice. Offend him before he even has a chance to see the place.” We all laughed, and I pointed to my walking boot. “I’m injured. I don’t suppose you can dig us up a luggage dolly from somewhere?”

He shook his head at Tom. “Been back less than five minutes and she’s already a giant pain in my ass. Wait here.”

They loaded the cart while I watched, and Murray wished us a good night as we headed for the elevator. Tom wheeled it inside and I punched the 5 button quickly, hoping to avoid company. My strategy was successful, and less than a minute later the stainless steel sliders opened, my white apartment door visible from where we stood. It turned out that crutches were useful for holding elevators, but I felt completely useless as I watched Tom struggling to drag the cart up over the lip and onto the grey carpet.

I pointed to the left. “C503. That’s us, right over there.” Grabbing my messenger bag off the pile of luggage, I fished out my keys, put the correct one in the deadbolt, then pushed down on the handle. The door swung inward, and I reached in and flipped the light switch. I turned around to see Tom, his eyes wide and slightly misty. I grinned, leaned my crutches against the sideboard and threw myself at him, arms wrapping around his waist. “Welcome home, Thomas.”

****************************************

To the right of the door, behind the bathroom, was a metal staircase that led to the loft. Tom unloaded all the luggage there, then brought the cart back downstairs to Murray. I fumbled around in the sideboard drawers, looking for my spare apartment key. It was way in the back, buried under entirely too many takeout menus…all of which reminded me that I was starving. The stove clock said it was 10:55. Most of the Thai and Chinese places would be closing soon, but The Bagel Café/Ray’s Pizza was open, and they had a huge menu to choose from.

“New York, I have missed you so very much. Where else can I get breakfast delivered to my door in the middle of the night if I want? And cannolis. And cake. And…”

My musings were interrupted by a knock on the door. I opened it just a crack, peeking out and pretending to be wary. “Yes?”

Tom raised a brow and grinned.

I shook my head. “I’m sorry, do I know you?”

He feigned exasperation, arms crossed, frowning and tapping his foot.

“Oh, right. You’re that totally hot guy who followed me home from Hawaii.” I opened the door fully. “Well, come on in, I guess.”

Tom grabbed my waist, bending down to kiss my neck. “Totally hot guy wants to drag his totally hot woman to bed, but he’s suffering the effects of food deprivation and fears his performance will suffer unless calories are consumed forthwith.”

I passed him the extensive Ray’s menu, pulled my phone from my pocket and hefted myself onto one of the kitchen bar chairs, mentally noting that finding the ibuprofen should be next on my to do list. “Let me know what you want. I’m going to add my stuff to the order while you’re deciding.”

I ordered a Meat Lover’s Omelet with bacon, home fries and toast, an everything bagel with scallion cream cheese, a slice of strawberry cheesecake, a large orange juice and a large black tea with cream and sugar. Tom was still perusing the menu. I managed to be patient for a bit, but then leaned forward, putting my face between him and the paper.

He laughed. “Someone’s nearing hangry level orange.”

“Mmm, not quite yet but if you don’t make up your mind soon things may get ugly before the delivery guy gets here.”

“Well, no one wants that, do they? I’d like a large Irish Crème coffee, a cranberry scone, a Gone Bananas smoothie, a Greek salad and a deluxe cheeseburger with bacon, please.”

“Dude, your order is even weirder than mine. I’m impressed.” I entered his items and my credit card info, then pressed the submit order button. Forty minutes according to the website, which was unusually fast. I slid off the chair and stood on my left foot as I reached for the crutches. “It’ll probably be an hour before it gets here. There should be some water and soda in the fridge, though, in case you’re thirsty. I’m going to go scare up some ibuprofen so I can maybe walk upstairs at some point this evening.”

Tom shook his head. “No, stay. I’ll get it for you. Where is it?”

“In one of my suitcases. I think. All I really know is that I packed it.”

“Do you keep any here in the house?”

My mouth dropped open. “Well, shit. Yeah. The bathroom, cabinet under the sink. Wonder how long it would have taken me to come up with that? Oy. It’s the door behind you, on the right.”

He came back, shaking the bottle, then went around the corner into the kitchen, opening the stainless-steel refrigerator door and letting out a low whistle. “Soda, water, basic condiments and some whipped butter. Toss in some ancient moldy leftovers and a few bottles of beer and it would be identical to mine. Though mine’s just white. Not fancy and shiny like this one.”

He passed me a bottle of water across the counter, and I quickly swallowed two tiny red pills and stuck my tongue out at him. “It used to be much shittier, trust me. Back in 2011 everything was in such bad shape I said fuck it and decided to put the money into renovating it. Plus, I needed more storage options. For books. Want the official downstairs tour?”

“Indeed I do.”

I pointed at the kitchen. “Where you’re at…that’s the kitchen.” He smacked my hand gently and rolled his eyes. “Countertops are concrete, back splash is glass tile. Gas stove over yonder, mainly used for boiling water and reheating takeout food. Next to the fridge is a Fisher & Paykel DishDrawer. It’s a dishwasher, but it pulls out like a drawer and takes up a lot less space. We won’t talk about how much it cost. It’s embarrassing, and I didn’t really NEED it but damn, it’s really fucking cool. Don’t open it, though. I think I may have forgotten to do them before I left. After seeing my mother’s house I don’t like the cabinets as much as I used to, but at least they have stainless pulls instead of gold. Bathroom next.”

Tom rounded the corner and followed me the seven steps to the washroom. “You’ve already seen this. And you’ve looked in the cabinet under the sink. Hopefully there’s nothing too embarrassing in there, though I tend to keep most of that stuff in the loft. Floor is teeny tiny marble tiles, walls are subway tile, because, New York, and the shower is black glass tile. I love glass tile. I have no idea why, but I do. The overhead light in there is awesome…I abhor showering in low light. Can’t see shit. The fixture is a Grohe, and it’s got a rain head AND a massager. In retrospect, I would have gone with just the massager because the rain head gets water in my eyes constantly. And here we have a sink, and the excrement receptacle. Very exciting, no?”

He chuckled. “Excrement receptacle. I’m stealing that one, if you don’t mind.”

I waved my hand. “Sure, fine, why not. Now, let’s adjourn to the living area. To your left is the sideboard, where I keep all the crap I don’t have another place for. The mirror above is handy for making sure there are no boogers hanging from my nose before I leave the house AND for watching myself burn things in the kitchen. Up next are these very cool metal lockers that function as my coatroom and general storage. They all have a different combinations and I don’t know the two on the far end so please don’t turn the dials. To your right is a dining set that is not anywhere within the scope of my usual taste, but it was a gift from Anne when I first moved in and part of her parent’s estate so it remains. Recovering the seats in black leather made them more palatable. There’s a matching hutch on the wall behind it, which I use for books instead of dishes. The rug is from her, too. Sorry, am I rambling? Just let me know if you want me to shut up.”

He shook his head. “No, I’m enjoying this immensely. This…this is the place you call home. I want to know every detail, the how, the why, the significance of each and every thing and what it means to you.”

My eyebrows shot up. “Yeah, well, we’re only going to be here for three days and I did plan on leaving the house to do stuff so…anyway.” I gestured to the windows. “Those are eight feet high, the ceilings are twelve. There’s a remote on the coffee table that opens and closes the shades. Some people don’t mind parading around in the buff in front of the entire city, but I try to avoid it. Emphasis on TRY.” He laughed. “The bookshelves are custom…I designed them myself. Underneath are storage cabinets, which hold more books, my speakers, and some DVDs and CDs. The rug under the coffee table is also from Anne, and the white sofa…I have no explanation for it other than it had clean lines and metal feet. How it’s remained unscathed in light of my clumsiness is a mystery. The chaise part is pretty cool, though, and the TV’s on a swivel so I can turn it in that direction. Both pieces of art are things I found while traveling. The one by the windows was at an estate sale in Boston, and the big one is from a gallery in San Francisco.” I held my hands out to the side at shoulder level. “So, that’s it, I guess. If you turn around you’ll see the loft, and as soon as my meds kick in we can go up and unpack. Oh, wait. One more thing. Here’s your key.” I reached into my pocket, then held it out to him, allowing it to lay flat on my palm.

He lifted it slowly, the pads of his fingers brushing delicately against my hand, the connection creating a current of what felt like a thousand volts. It surged through me, and when I met his gaze he burst into tears. I wound my arms around him, crutches falling to the floor with a metallic whump, kissing each wet cheek in turn as my own eyes began streaming.

Wiping at his eyes with the back of one hand, his other arm around my waist, he smiled softly. “Wow. Sorry about that…I just…I…not even seven days ago I was certain I’d lost you forever and here we are, actually, finally in New York and you’ve welcomed me into your home…into your LIFE…and I’m just…I’m…so…so…GRATEFUL, Maude. And thankful. All that we’ve learned about each other, how much closer we’ve grown…which, honestly, I wouldn’t have believed to be possible, given how close we already were…I feel…unburdened. Lighter. Freer. I feel…ALIVE. So very much alive.”  

His mouth was on mine before I had a chance to speak, and when he did the lip thing again I lost my mind completely. One hand was up my shirt, caressing my breasts first over then under my bra, the other down my shorts, inside my underwear, two fingers abruptly thrust inside me, pumping in and out. I glanced at the stove clock as I undid his zipper and wrapped my hand around his throbbing cock. It read 11:25. At least fifteen more minutes before dinner arrived. Plenty of time.

He whimpered pitifully as I began stroking him, voice breaking when he managed to speak. “Oh…Maude…I wanted to wait and take my time but…ohhhhh, GOD…I’m afraid I’m more than a little desperate for you, my love. May I have you, please? Now?”

I walked him backward toward the coffee table, fumbled for the remote and hit the button to close the shades, then grabbed waist of his shorts and pushed them down over his hips until they fell unceremoniously to the floor. He did the same with mine, dragging my panties with them, pausing to allow me to lean on him as he lifted my right leg to pull them over the boot. Our mouths met again, mine open and waiting for his tongue. His kiss was at first gruff, then yielding, gasping as I sought to imitate the forcefulness he’d displayed when sucking on my lip, pulling his into my mouth with a ferocity I hadn’t known I possessed. I felt myself being lowered onto a surface, which I assumed was the chaise portion of the couch, but wouldn’t have cared if it was a bed of nails.  

Suddenly his weight was upon me, cock hard and leaking against my entrance. He broke the kiss to hold my head in his hands, our foreheads almost touching, gazes locked. “I love you, Maude. I will love you all of this life, and in each and every one that follows. I will love you as the world turns to ash around us. I will love you as the universe collapses into itself, and in the blackness of the eternity that awaits, I will remain, with you, at your side, holding your hand, never to let go. This love…it knows no bounds. It is forever. Two souls made one, together unto infinity. I love you. I love you.”  

He shifted his hips, pushing himself inside me, slowly, stilling when he hit bottom, and I wept against his shoulder, hands at his waist under his shirt and grasping his hips. He wrapped his arms around me, hands in my hair, his lips on my neck, kissing every spot over and over.

“I love you, Thomas. Never let me go. Please. Never let me go.”

We began moving together, all gentleness cast aside as we raced at breakneck speed to feel the completeness that resulted only when the physical and the spiritual combined. His hips slammed against mine so savagely I knew I’d wake tomorrow to bruises, and my hands moved further up and under his shirt, fingernails digging in, then raking down his back as the head of his cock nudged my cervix and I came, pleasure and pain intermingling, a chasm opening and suspending us in a single instance of time and space as I felt his cock pulsing in tempo with my walls, then erupting its liquid fire inside me, like a volcano buried deep in the ocean floor.

The only sound in the apartment was our breathing, both of us panting and gasping. Tom rose up on his elbows, conducting a visual inspection to determine if I’d incurred any damage.

“Fuck, Maude…I’m so sorry…that was positively barbarous of me…are you all right? And your ankle…I forgot about THAT altogether…”

I placed my palms on his chest. “Barbarous is a bit harsh, don’t you think? I’d go with delightfully uncivilized. Either way, it was electrifying. And I’m fine. How’s your back, though? Let me see.”

“My back? Why?” He whipped his shirt off and slipped it under me as he pulled out and turned around. Eight welts stretched from his shoulders to his waist, four of them bleeding in spots.

My hand flew to my mouth, dampening a loud gasp. “Now that there, THAT’S barbarous. You. Are. Bleeding.”  

He craned his neck to see behind him, then got up and went to look in the sideboard mirror. I got up, and hobbled over to stand next to him, clad only in my T-shirt.

“Tom…shit…I’m like…SO sorry. Yikes. I’ll go get some peroxide…”

He started at his reflection, head tilted, puzzled. “I didn’t feel that. At all.” As he turned around to face me, his hands reached for mine, grasping them. “What I DID feel was you. Us. I want you to know, Maude, I meant every word of what I said. Every word.”

“I know. Thank you. I…I…I’m not sure if I can formulate a reply that would convey my own feelings adequately…”

A kiss cut me off, his tongue forcing its way past my lips and teeth to reach mine, and when he pulled away he pointed at the couch. “You already did, my love.”

The blush began in my already flushed cheeks and spread all the way down to my breasts. My gaze shifted from his face to the floor. “Oh.”

Tom chuckled. “Suddenly modest, are we?”

I let go of his hands in order to cover my face. “Oh. My. GOD. Shut. UP.”

He roared with laughter, the sound echoing in the open space that surrounded us. I turned on my heel as quickly as my injury would allow and opened the bathroom door, looking back at him over my shoulder.

“I’m still going to get you some peroxide, in spite of the fact that you’re a complete and total asshole.”

The laughter continued as I searched the drawer, then abruptly ceased as someone knocked on the door and loudly announced ‘delivery for Gallagher’.

I took off my T-shirt and tossed it to Tom. “Here, put this on. And don’t forget your shorts. I’ll hide in here. There’s tip money in the dish on top of the sideboard.”

Figuring I might as well pee while I was in there, I giggled as I sat down on the seat. “Excrement receptacle. Damn, I’m fucking hilarious.” I could hear Tom thanking the delivery guy as I finished up and washed my hands, followed by the sound of the door closing. He was in the kitchen when I came out, removing the food from the bags and placing it on the counter, sorting it into two piles. I put my underwear back on and dug a T-shirt out of my luggage. There was no way to be sure whether it was clean or dirty, but it passed the sniff test so I deemed it wearable.

We ate at the dining table, him snatching half my bagel and a good sized chunk of my omelet. The cheesecake and the scone went in the fridge so we’d have something on hand that passed for breakfast, and as he loaded the silverware into the dishdrawer (which had been empty, thankfully) a yawn escaped him, so powerful he dropped the fork he’d been holding.

I bent to pick it up, remembering he’d been up hours before I had. It seemed a physical impossibility that the press encounter and funeral had occurred earlier that same day, and suddenly all I wanted to do was lie down with him snuggled against me. He closed the drawer and pushed the start button, and I reached for his hand.

“Come on, you. Time for sleep.”

He let go, shaking his head. “We haven’t unpacked, nor have we texted Luke and Simon to let them know we arrived safely and to find out if they have as well, and we still have to call Norman…”

I grabbed my phone from my shorts, which were still on the floor where he’d dropped them. “There. Luke and Simon texted. Where’s your phone? Let’s text Norman, too.” He passed it to me. I typed quickly.

Hey – just wanted to say thank you for reaching out, and no worries. The internet, as they say, is forever. Appreciate you noticing and providing clarity as to the source. Hope filming the rest of the season is going well. Best, Gallagher & Hiddleston

I turned the screen so Tom could read what I’d written.

He nodded. “That’s perfect. Thank you.”

I hit send, set my phone on the sideboard and turned off the downstairs lights. “Let’s go. Move that ass.”

He snorted and followed me up the stairs. It felt like it took forever with the stupid boot, and I dreaded having to pee during the night.  I turned back the covers, then stood by the dresser at the bottom of the bed and removed my shirt and panties, Tom’s arms winding around my waist from behind, holding me in place so I didn’t fall over as I wrangled the underwear over the boot.

His voice rumbled in my ear. “So, this is where the magic happens…”

“Ummm…if you’re referring to solo magic, yes. Lots of it. But other than that, no. Not in a long, long time, anyway.”

His grip loosened and he stepped back, silent until I turned around.

“Maude, I’d forgotten he lived here with you…I’m…”

I raised my hand to stop him. “Shush. There’s no longer room in my heart, or my head, for anything other than what’s right in front of me. What happened can’t be changed, nor would I want it to be. Life is meant to be experienced in the moment. If you dwell on the past or focus on the future, you miss everything in between. Trust me. I know. And I’m so very, very done with missing out. Now get those clothes off.” I held out my right arm, palm up, towards the platform that held a queen size mattress. “This way to my bed, sir.”

[wealthplanning]

How Can a New Orleans Estate Planning Attorney Assist with the Probate Process?

The probate process is a crucial legal procedure that occurs after an individual passes away. It involves the validation of the deceased's will, the identification and inventory of their assets, payment of debts and taxes, and the distribution of the remaining assets to the rightful heirs. Navigating probate can be complex and overwhelming, especially during a time of grief.

This is where a New Orleans estate planning attorney can provide invaluable assistance, guiding families through the intricacies of the process.

Understanding Probate

Before delving into how an estate planning attorney can assist, it's essential to understand what probate entails. In Louisiana, probate is governed by civil law, which may differ significantly from the common law systems of other states. The process typically begins with the filing of a petition in the local probate court to validate the will, if one exists. If there is no will, the estate will be distributed according to Louisiana's intestacy laws.

Once the court validates the will, the appointed executor or administrator takes over the management of the estate. This includes gathering all estate assets, paying off debts, and eventually distributing the remaining assets to beneficiaries. Each of these steps can present unique challenges, making the role of an estate planning attorney critical.

Role of a New Orleans Estate Planning Attorney in Probate

1. Navigating Legal Requirements

One of the primary roles of a New Orleans estate planning attorney is to ensure compliance with all legal requirements throughout the probate process. Each state has specific laws that govern probate, and Louisiana's laws can be particularly intricate. An experienced attorney can help navigate these complexities, ensuring that all necessary documents are filed correctly and in a timely manner. This includes the will, death certificate, and any other required forms.

2. Asset Identification and Inventory

After the court has validated the will, the next step is to identify and inventory the deceased's assets. This process can be daunting, especially if the deceased owned multiple properties, investments, or personal belongings. A New Orleans estate planning attorney can assist in locating and appraising these assets, ensuring that nothing is overlooked. They can also help determine the value of the estate, which is crucial for tax purposes and for the fair distribution of assets.

3. Debt and Tax Management

Managing the deceased's debts and taxes is a critical aspect of the probate process. An estate planning attorney can help identify outstanding debts and obligations, working to settle them in accordance with Louisiana law. Additionally, they can assist in preparing and filing any necessary tax returns, including estate taxes. This ensures that the estate complies with all legal obligations before distributing assets to beneficiaries.

4. Dispute Resolution

Probate can often lead to disputes among family members or beneficiaries, particularly if there is ambiguity in the will or if someone feels they have been unfairly treated. A New Orleans estate planning attorney can act as a mediator, helping to resolve disputes in a fair and equitable manner. They can provide legal representation if necessary, ensuring that the interests of the estate and its beneficiaries are protected.

5. Guiding Executors and Administrators

The executor or administrator of an estate has a fiduciary duty to manage the estate responsibly and in the best interests of the beneficiaries. A New Orleans estate planning attorney can provide guidance to these individuals, advising them on their responsibilities and helping them understand the legal implications of their decisions. This support can be crucial, particularly for those who may not have experience in estate management.

6. Distribution of Assets

Once all debts and taxes have been settled, the final step in the probate process is the distribution of assets to beneficiaries. An estate planning attorney can facilitate this process, ensuring that distributions are made according to the will or, in the absence of a will, according to Louisiana's intestacy laws. They can help prepare the necessary documentation and ensure that all beneficiaries are informed and in agreement.

7. Providing Peace of Mind

One of the most significant benefits of hiring a New Orleans estate planning attorney during the probate process is the peace of mind it provides. Dealing with the loss of a loved one is emotionally challenging, and the complexities of probate can add to that stress. With a knowledgeable attorney handling the legalities, family members can focus on healing and supporting one another during this difficult time.

The Importance of Estate Planning

While the role of a New Orleans estate planning attorney is critical during probate, it's equally important to consider the value of proactive estate planning. Creating a comprehensive estate plan can help streamline the probate process and minimize potential disputes. This includes drafting a clear and legally binding will, establishing trusts, and designating beneficiaries for various assets.

An estate planning attorney can help individuals articulate their wishes clearly, ensuring that their assets are distributed according to their preferences. By addressing potential issues before they arise, families can avoid unnecessary complications during the probate process.

Conclusion

The probate process can be a challenging journey, laden with legal complexities and emotional turmoil. Engaging a New Orleans estate planning attorney can significantly ease this burden, providing expert guidance and support throughout each stage of probate. From navigating legal requirements and managing debts to resolving disputes and facilitating asset distribution, the expertise of an estate planning attorney is invaluable.

By prioritizing estate planning, individuals can also take proactive steps to ensure their wishes are honored, making the probate process smoother for their loved ones. In the end, having a knowledgeable ally in the form of a New Orleans estate planning attorney can make all the difference during such a critical time.

[bpp-law]

New Orleans Estate and Succession Lawyers:

A succession lawyer is an estate attorney who specializes in assisting families and heirs in obtaining their inheritance through the probate process.  An experienced succession attorney is needed to identify the rightful heirs, determine whether there are forced heirs, appraise assets, identify creditors, and distribute the estate.  As a result, a probate lawyer can help you navigate Louisiana’s unique and extensive succession laws.

During the initial appointment, a Louisiana succession lawyer will examine your loved one’s estate planning documents, their assets, their debts, and familial relationships.  After that, the succession lawyer will prepare the legal documents necessary to place the heirs or legatees into possession of the estate.  You should call a succession attorney as soon as possible after a loved one has passed, while information and financial documents are readily available.

[paolos83blog]

Can you change your life insurance beneficiary?

Once you own a life insurance policy, keeping it up to date is one of the most important things you can do to financially protect your family. That includes making sure that your beneficiary is the person you want to get a payout when you die.

Only the policyholder can change a life insurance policy’s beneficiaries, with rare exceptions. Here’s how and when to make a beneficiary change, and when you might need another person’s sign-off.

Who can change the beneficiary of a life insurance policy?

The policyholder is the only person allowed to make changes to your life insurance beneficiaries. The only exception is if you’ve granted someone power of attorney, a legal document that lets someone make financial, legal, or medical decisions on your behalf.

Policyholders can change the beneficiaries as long as the policy is active. No one can change beneficiary designations after you die.

There are two circumstances when you need another person’s permission to update a beneficiary: if the policyholder lives in a community property state or if they named someone as an irrevocable beneficiary.

Changing beneficiaries in a community property state

If you live in a community property state and bought your policy after you got married, you’ll need your spouse’s permission if you plan to name someone other than them as your beneficiary. Community property states include: [1]

Arizona

California

Idaho

Louisiana

Nevada

New Mexico

Texas

Washington

Wisconsin

Community property laws do not give your spouse the right to change your beneficiaries. If you’re unsure about who can make changes to your life insurance policy or will, speak with an estate planning attorney.

Revocable vs. irrevocable life insurance beneficiaries

You can name any of your life insurance beneficiaries as revocable or irrevocable. Irrevocable beneficiaries are rare. Some people may name their children, or naming a spouse as an irrevocable beneficiary could be part of a prenuptial agreement. You can change revocable beneficiaries at any time. Irrevocable beneficiaries can’t be removed from a policy without their approval.

Some irrevocable beneficiaries may have approval over any changes to your policy, including adding or removing other beneficiaries and coverage increases or decreases.

How to change the beneficiary of your life insurance policy

You can change the beneficiaries of your life insurance by contacting your insurance company. You’ll need to submit a change of beneficiary form online, on paper, or over the phone. The form will ask for personal information about your beneficiary, such as:

Contact information

Date of birth

Full legal name

Relationship to you

Social Security number

You can also choose:

How the death benefit is split among beneficiaries: You control what percentage of the death benefit each person gets and how their percentage is split if they die and the other beneficiaries live.

Whether someone is a primary or contingent beneficiary: Contingent beneficiaries accept the death benefit if none of the primary beneficiaries can.

Make sure you tell your new beneficiary about your policy and where to find your coverage documents in case they need to file a claim.

Why updating your life insurance beneficiaries matters

Keeping your policy’s beneficiaries updated ensures that your death benefit goes to the right people. It’s always smart to review your policy regularly, but consider adjusting your coverage after a big life event, such as:

Birth or adoption of a child

Death of a beneficiary

Marriage or divorce

Buying a home

New estate plan where trusts are being used

If you never change your beneficiary and they predecease you, your life insurance proceeds will go to a contingent beneficiary or your estate. Once the payout becomes part of your estate, a court decides who gets the money.

Providing for the people who will benefit from your life insurance policy is why you buy coverage in the first place. As long as you own your policy and haven’t legally given permission to anyone else, you’re the only person who can change the beneficiaries of your life insurance policy.

Credits: Amanda Shih

Source: https://www.policygenius.com/life-insurance/can-you-change-your-life-insurance-beneficiary/

Date: June 20, 2022