In a technology driven world, most people are looking for ways to incorporate the latest fads into every aspect of their lives, including making a will. However, there are some restrictions that could leave your will in limbo long after you have passed away. Before relying on tech or other unconventional methods to create your will, here is what you need to know.
Can You Use a Video Will?
Some people rely on videos to record significant moments in their lives. If you are thinking of leaving behind a video will, you should reconsider your plans. Digital wills, such as videos, are not legal and will not stand in court. However, a video can still play a role in your estate planning.
You and your attorney can record the will signing so that if any questions arise about the validity of the will, the video can be used. The video can be used to show that you were in good mental health and not being threatened to sign the will, which can be helpful to fight any challenges to the will.
You can use the video to also explain some of your decisions to your family and friend. This is especially important if you believe that there will be some disagreement to how you chose to split your assets. For the most part, any estate planning needs to go the old-fashioned route and be in writing.
What About Handwritten Wills?
If you think that hastily scrawling out a will on a sheet of paper is going to be sufficient enough, you could be in for a surprise. Some states do not recognize handwritten wills. As of August 2015, only 26 states recognized handwritten wills. If you do reside in a state that accepts handwritten wills, it is important that you work with an estate planning attorney to ensure that yours meet the state's requirements.
The requirements can vary by state. For instance, even though New York normally does not accept handwritten wills, those that are written by military service members who are currently serving during an armed conflict are permitted. Some states also require you to have a set number of witnesses when you create and sign the will.
Estate planning should always be done with the help of a professional attorney, like those at Linn Schisel & DeMarco Attorneys At Law. He or she can help ensure your will meet's your state's standards and that you have covered everything that is important to you in the will.
Share6 August 2015
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