You have been diligently working with your attorney to put together an estate plan that meets your expectations. You have reviewed the drafts your attorney has sent you and you are now ready to finish the process. The next step is to execute--sign--your Will. How does this work and what are the steps you will be taking?
Every estate planning
firm does things a little differently, but here's what I do.
- COVID-19 precautions: the wearing of masks by all persons present and
social distancing. At this time I am taking precautions to minimize contact. That
means no in-office meetings, but drive-up signing instead. This occasion is the only time we would meet in person. The execution takes place
while you remain in your vehicle.
- Only the necessary persons will gather. I and the two witnesses
will stand outside your vehicle and perform our duties as efficiently as possible. I will also serve as the Notary Public. The entire execution
process takes about 15-20 minutes. The two witnesses will be present during the entire process.
- Verification of your
name and identity. You will state your full name and confirm that this Will is
to be your most recent Will, revoking any previous Wills you may have made.
- Testamentary intent and capacity. You will confirm that you are currently of sound mind and that this Will represents your intent to convey your property to the beneficiaries named in the Will.
- Review the Will. You look over and make sure that the Will contains all the provisions you have
requested.
- Avoiding potential undue influence. At this time any family members who may be present must leave the area. Does the execution of this Will represent a statement of your true intent?
- Signing. You sign the Will in the presence of the two witnesses.
- The two witnesses sign and date the Will after you have signed.
- Self-proved affidavit. This is incorporated into your Will and is acknowledged by a Notary Public.
- Your documents. Your Will is now fully executed. I will make a copy for the firm's files, then give you the original, executed Will to take with you. The firm does not store original documents on behalf of its clients.
- Instructions on storing the Will. I will discuss the best practices for safe-keeping of your Will.
- Conclusion. After the execution process is complete, I may address any further questions you may have. You will also receive a Termination of Engagement letter, as the firm's representation in your matter is now complete.
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If you don't have an estate plan, now is a good time to determine the best course of action for you and your family. Contacting a qualified estate planning attorney is the first step.