10/03/2021
I had clients come into my office for a consultation concerning the estate f their father who passed away recently. Preceding his death, the father had gone online and completed what he thought were the estate planning documents that he needed. He signed the documents in front of a notary and two witnesses, all of whom signed his Will and Powers of Attorney in the proper places. The problem with the papers was that the decedent (the father) failed to sign his name on the signature page. One of the included documents was a “burial wishes” which was a Statement where and how he wanted his final arrangements made. He had signed that supplemental document and presumably he, the witnesses, and the Notary all thought that when he signed that document, that he had signed the Will, which he had not.
The net result is now there will likely be a Hearing before the Probate Judge which may be contested by an excluded heir at law.
I’m sure the decedent thought that he was saving money by using the computer service to prepare as well; however, my feeling to execute the wheel properly the result will be the opposite of what he intended. When you hire an attorney to prepare a Will, the services that you are paying for include not only the document, but more importantly, the legal consultation and the ex*****on of the properly prepared documents. A computer program cannot give you legal advice which is the most valuable part of Estate preparation. I strongly advise that you can talk to an attorney when you are preparing your estate documents to make sure that you understand what you were signing and that the documents reflect your intentions. I strongly advise that you consult an estate planning attorney when you are preparing your Will and Powers of Attorney.
