Please note: This post contains spoilers for the film “Killers of the Flower Moon.” One of the most critically acclaimed movies this year is “Killers of the Flower Moon.” The film offers a compelling and harrowing narrative of the tragic treatment and consequences faced by the Osage people in the 1920’s. Given the involvement of Martin Scorsese, Robert De Niro, Leonard DiCaprio, and the Golden Globe winning performance of Lily Gladstone the quality of the movie shouldn’t be a surprise. One surprising aspect of the film, however, is the heavy presence of critical aspects of estate planning and guardianship, specifically forced guardianship, financial exploitation, and intestate succession in the absence of estate planning – all leading to a significant abuse of the Osage people’s wealth and unintentional consequences regarding the passing of their estates.
The Impact of a Forced Guardianship
The film poignantly illustrates the dark side of a guardianship. Osage members, deemed incapable of managing their substantial wealth, were assigned guardians. These guardianships, far from being protective, became tools for exploitation and control. This aspect of the story underscores the importance of having personal estate plans including powers of attorney, allowing individuals to appoint someone they trust to manage their affairs, should they become unable to do so themselves. In the film, members of the Osage nation were assigned guardians when they weren’t truly incompetent nor were they allowed to nominate their guardian.
Intestate Succession and Its Pitfalls
Intestate succession – the process which unfolds when someone dies without a will – plays a significant role in the film. The absence of clear estate plans led to chaotic and often exploitative situations, as seen through the experiences of characters like Mollie Burkhart and her family. The lack of a will resulted in loss of control over inheritance, which led to unintended and sometimes harmful consequences. As an aside, the abuse of the Osage members was so great that the presence of proper estate plans may not have altered their historical course. Further, there are now specific tribal laws in place to protect indigenous land.
Estate Planning as a Shield
The narrative of “Killers of the Flower Moon” serves as a stark reminder of the necessity of estate planning. By creating a will, establishing trusts, and setting up powers of attorney, you can ensure that your assets are distributed according to your wishes, that your rights and preferences are respected, and your decision making is delegated to those that you select, even if you become incapacitated. If you or your loved ones are part of a blended family, the need for estate planning becomes more significant. As the movie depicts, blended families add another level of considerations in the context of estate planning. Estate planning is not just about asset distribution; it’s about maintaining control, protecting your legacy, and safeguarding yourself and your loved ones from potential abuse and exploitation.
Call to Action for Estate Planning
The story of the Osage people in “Killers of the Flower Moon” is tragic and inexcusable. One powerful call to action from the movie, which applies to everyone today, is the importance of proactive estate planning. At Lihn Law Group, we understand the complexities and sensitivities involved in estate planning. We commit ourselves to helping you create a plan to reflect your wishes and provide comprehensive protection for your assets and your rights. Contact us to discuss how we can assist you in creating a robust estate plan, including a trust, last will and testament, and powers of attorney.
“Killers of the Flower Moon” is primarily a historical drama, but also a cautionary tale about the critical importance of estate planning. By taking the initiative to plan your estate, you can protect yourself and your loved ones from the uncertainties, unintended consequences, or potential abuses which can arise in the absence of a clear, legally binding estate plan.
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