The Disregarded Post-It Note
This too is an actual case, just ruled upon by a California Court of Appeals. A man had a Living Trust and after being diagnosed with cancer, decided to revise his Trust, in particular to change how much each of his beneficiaries would receive and to add a new one. He wrote a post-it note on his Trust document and forwarded them to an attorney to formalize the revision to his Trust. But, before he could come in and sign the amendment, he passed away.
The beneficiaries went into Court for clarification. Although the man had clearly indicated the changes he wanted, and done so in his own handwriting, the Court declared it wasn’t a legally binding document. Unforunately, his wishes didn’t get carried out.
The Moral of These Stories
Take care of getting a properly documented estate plan in place, before you or your spouse becomes too ill or incapacitated to do so, or becomes deceased.
If you’re a client of ours and you haven’t been in for a free checkup meeting within the last 3 years, please call us and set it up!
And if you have no estate plan at all, maybe it’s finally time you should! Attend one of our free seminars to find out what’s involved (and to also qualify for a fee discount!)
Here’s to Happy Estate Planning and, of course, a Healthy, Happy and Prosperous New Year! (And many more!!)
