Should you videotape a will signing or when you sign a revocable trust? That questions is one which not only people with estate plans may think about, but it is also a question perhaps faced by estate planning lawyers Palm Beach. Why in the world would you videotape a will signing, or what some estate lawyers Florida refer to as the “ceremony” of the will signing or execution, sometimes call the the will signing ceremony or execution ceremony?
When Videotaping a Will Signing Makes Sense
- Most good estate lawyers Boca Raton actually have a ceremony, or an organized, structured “system” for the reading, the signing, the witnessing and also the safe handling, storage and security of a Last Will or, for that matter, a codicil to a will or a revocable living trust Palm Beach or any trust amendment
- Focused and excellent, or thorough and detailed probate lawyers Florida go one step further and keep an “execution memo” or memo of the happenings of the will signing or trust signing
- What is a will signing memo or execution memo, and is it something my estate planning lawyer Palm Beach Gardens should have?
- Well, a memo which sets forth who was present, and when everyone was present, and which sets forth the details of who signed the will, in which order, and which witnesses signed the trust instrument or document, and in which order, can be very important. The memo may also make notes or comments on what was said by whom, such as if someone read the will before signing it, how long it took them to sign the will, and whether any questions or answers were made. One question that usually comes up at a will contest Florida is when one who is trying to overturn the will asks the will lawyer who wrote the will “Did the person who signed the will read every single page and word before signing the will?” Or…. “Did YOU read the will to the person who signed the will before he or she signed it?”
- Why?
- Well, when you are incapacitated, or incompetent, or dead, there may be will contests ortrust challenges. Ask any trust lawyer Florida and they will tell you that your beneficiaries, children, widows, and even friends or perhaps neighbors, in-laws, step children and sometimes former spouses may lay claim to your will or estate, and challenge the will that is presented for probate
Is Videotaping A Will Signing or Trust Signing More About Estate Litigation than Estate Planning?
- So, if there is no will signing memo, should you videotape the will signing or the trust execution or trust signing?
- What about when someone signs a power of attorney Florida? Should that document be videotaped?
- In light of the above discussion, let’s say that whether you want to videotape a will signing or a trust amendment will be a call that is made by your Florida trust lawyer or your estate attorney West Palm Beach.
- They may or may not seek the input of a probate litigation law firm Florida if you or theyexpect a will challenge or if they expected someone to contest the trust or will or toattack your probate estate when you are gone
- Here is a December 11, 2015 undue influence will contest case out of Nebraska where it was also argued that the person who signed the will did not have testamentary capacity, or did not understand what she was doing. (Put another way, when it is claimed that you did not have testamentary capacity when you sign a will or a trust, it’s like saying you did not have the ability to understand what you were doing). Want to read the case about videotaping a will signing? Here is the link for the Estate of Clinger: https://supremecourt.nebraska.gov/sc/opinions/2015-12-11
- So, there are Do’s & Don’ts to videotaping a will signing ,like understand if you are going to ask the person questions or not, and know what those are in advance
- Your estate lawyer Delray Beach should not make it up as she or he goes
- You should understand what you are trying to accomplish
- You should not ask any yes or no questions unless you expect to get a detailed response
- We probably have all seen videos of a will signing which was useless or perhaps even not good or harmful to upholding a will
- Some videotaped will signings may even have been meaningless and a waste of time
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