This is one of those messages that is meant to scare you, but in a good way…

I recently had a client come in and hire us to help them with the probate of one of their parents. They’d left a will dividing everything equally among the kids (which consisted of both natural children and step-children) and seemed like it would be pretty straightforward.

Then they sent me the will.

As I began my customary reading of the will to see what rules and requirements I’d be working with, I noticed something.

A huge problem.

I reached out to the client and asked them if they’d sent me an actual copy of the will – not a draft.

“That’s the original,” they said.

My heart sank.

We set up a meeting and I had to break the bad news to them.

“I have some bad news for you,” I said.

“This will is no good. A valid will requires the signature of two witnesses to attest that the person making the will was of sound mind and wasn’t acting under duress. There are no signatures on this will.”

“Well, that’s too bad,” they said. “What do we do now?”

“Well,” I said, “now we proceed as if no will exists. We look to what are called ‘intestate succession laws.'”

“And that’s where the news gets worse. Step-children are not entitled to any share of the estate under intestate succession laws…”

The moral of the story here is that when it comes to estate planning mistakes aren’t usually discovered until it’s too late. And most people don’t understand the ramifications of doing the wrong thing.

There may be a time and a place for doing your own estate planning, but all I’m asking is this – don’t think of the fee you pay your estate planning lawyer as a cost; think of it as an investment in your family’s future….

Hope you had a great week and are heading into a great weekend.

Sincerely,

Christopher Small
CMS Law Firm LLC

P.S. It wouldn’t be a good message if I didn’t suggest you set up a time to talk with me about estate planning if you haven’t already. So, if you haven’t already talked to me about estate planning and want to, click here to schedule a time for us to talk. Cheers.

P.P.S. Are you a client and want to chat? I’d love to talk to you! Click here to set up a time that works for both of us.