Estate Planning In the Midst of a Crisis: What to Do and What NOT to Do

In just the past few weeks, many aspects of our daily lives have changed due to the COVID-19 (novel coronavirus) pandemic in the U.S. The rise of this pandemic has caused many people to start evaluating their current estate plans and has created an urgency to get one in place. My advice to get your estate plan in order hasn’t changed, but the manner of executing the documents has significantly.

We haven’t stopped working this month. If anything, the need for legal services has increased. Many attorneys are working around the clock to develop new methods for delivering the same quality services remotely for the safety of ourselves and our clients.

Creative Solutions in an Unprecedented Time

There are a few options for executing a will with little or no contact with others. Both options require careful instructions from an attorney. Normally, I advise against handwritten wills (or “holographic” wills). Although they are legally binding in the state of Texas, they are often not properly compliant with the law and cause issues when going through the probate process. However, with careful and accurate instructions to clients, a holographic will can be one piece of a successful estate plan that requires absolutely no contact with others. If you have access to two disinterested witnesses (in the form of neighbors, preferably), there are ways to set up a traditional will signing that adheres to social distancing guidelines.

Some estate planning documents can be signed by utilizing a remote notary and remote witnesses. Thankfully, there is great technology available today to facilitate these services.

What NOT to Do

It’s probably especially tempting now to use a typed form will or online program that automatically drafts a will. This is a bad idea for a few reasons. Not only are these templates usually riddled with typos and insufficient and unenforceable provisions, they likely will not be executed properly and will be completely invalid.

Finally, don’t panic. Estate planning attorneys know how scary it can be, especially now, for people trying to get their affairs in order. We’re happy to work with you and help you in innovative and safe ways.

If you’re interested in getting your estate plan in order immediately, please contact us at (214) 814-5123 or admin@katherinekimlaw.com to discuss how we can serve you during this unprecedented time.