How to Make Will During Isolation From Coronavirus?
If, due to the outbreak of the coronavirus, you are wondering if it’s time to draw up your will, you are not alone. (This is a combination of “time is in your hands” and “time to seriously think about what could happen to your loved ones in the worst case.”)
Unfortunately, making a will is not enough. You also need to make sure that your will is legally binding, especially if you are using an online probate service instead of working one-on-one with a lawyer. Each state has slightly different requirements for “what makes a will legitimate,” and while some states allow electronically signed wills, others require you to sign your will in front of two disinterested witnesses (that is, people who are not going to to benefit or inherit from a will) and / or a notary.
This all gets a little tricky as long as you physically distance yourself or take cover in place – but not impossible if you’re willing to get a little creative.
I reached out to Chas Rampental, General Counsel at LegalZoom , to find out how people can make legal wills while maintaining good physical distancing habits. He suggested using an online service to draw up a will, print a copy of it, and ask friends or neighbors to act as witnesses while standing at least six feet apart.
Ramental even suggests a scenario: “In this age of social distancing, I would like you to witness my will, and this is how we are going to do it. I’m going to put a small folding table and chair in my yard, I want you to go to the fence and see how I sign it, I’ll take a step back, you will see that I have gloves, and then you can come and bring yours. pen and sign these two passages as a witness. “
If your state also requires a notary to verify your will – or if you want to use the services of a notary because you’ve heard that it makes the process of probate of heirs and witnesses easier – mobile notary services are available. (This does not mean “notary on the phone,” by the way. It means “notary who will come to you.”) If you find a notary willing to meet you somewhere, use the same physical distance protocol: six feet apart, separately pens, disposable gloves.
What if you don’t have anyone you can ask to testify your will from a distance? What if you or a member of your family are experiencing coronavirus symptoms and do not want to invite a neighbor to come even six feet away from you? Is it possible to draw up a will on your own, through an online service, or literally write it down on a piece of paper, sign it without witnesses and keep it in effect after your death?
Okay, maybe.
“In the technical sense of the word, a will is not valid, but ultimately it can be fulfilled,” Ramental told me. “But this is a huge risk, and, unfortunately, it requires lawyers, money, time and effort. I don’t want my wife, my children or my family to be forced to do all this. ”
Basically, the inheritance court can use an invalid will as “proof of intent,” but they won’t treat it as a legally binding document – and your heirs and the court may disagree on whether to distribute your assets the way you intended.
So do your best to make your will as reliable as possible. Call your lawyer who works from home to find out about the legal requirements in your state and what you can do with a notary if this becomes an issue. Ask two friends to meet you at the public park to sign. Create a will that matters, otherwise you will leave your loved ones with the hassle instead of a gift.
And while you are doing that, choose a proxy for health care. So, just in case.