Sometimes it’s easy for an estate planning attorney to forget that signing a will can be a complicated process. We supervise people signing their will frequently. But, all too often, wills are not executed with the proper formalities. A recent story of a case in Minneapolis reminds us of that. In Minnesota, as in many states, two witnesses are required. They must see the testator sign in their presence and in the presence of each other. In the case, the client had her will notarized and … [Read more...] about Formalities Matter
Formalities
Wills Must Meet Formalities, Right?
As estate planning attorneys, we all know that a Will is not valid if it does not meet the jurisdiction’s formalities, right? Well, maybe not, based on this most recent case: In the Matter of the Estate of Richard D Ehrlich, 2012 W.L. 2470122 (June 29, 2012). There are a few twists and turns in this case, but the straight facts are that Richard Ehrlich, an estate planning attorney, executed his Last Will and Testament nine years before he died. He kept a photocopy of it in his office, and sent … [Read more...] about Wills Must Meet Formalities, Right?
