Another War Story On Do-It-Yourself Estate Planning

This week I'm handling an estate administration where the deceased used a "fill-in-the-blank" form to create a will.  Only problem is that the form isn't signed.  In fact, I can't see a place where the form asks for a signature.  The form has a place for witnesses and a notary, but no signature line for the person making the will.

Colorado law is pretty forgiving about will formalities but does require us to go through more hoops to get a will admitted when it doesn't meet the formalities.  So, while we can't tell the court there is no will, we also can't get this will to be accepted to informal probate because the document doesn't meet all the requirements.  More hoops, more lawyer's fees, more delay.

The irony is that the will doesn't change much beyond what would have happened if there had been no will (intestacy).  No will: Everything divided amongst the two surviving sons.  Will:  Pretty much the same result.  The only big difference here is that the personal representative is nominated in the will.  Yet here the brothers are in agreement as to who would serve as personal representative even if there hadn't been a will.  So this will cost this family several hundred dollars in unnecessary fees.

 
Trackbacks
  • No trackbacks exist for this post.
Comments
  • No comments exist for this post.
Leave a comment

Submitted comments are subject to moderation before being displayed.

 Name

 Email (will not be published)

 Website

Your comment is 0 characters limited to 3000 characters.