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LEGAL INSIGHTS / Estate Planning

Why YoU Should Have A Young Attorney Write Your Trust

Why YoU Should Have A Young Attorney Write Your Trust

Ok, a bit of shameless self promotion here because I am, afterall, perceived as being young by people who are aging.

But, I would never steer my readers in the wrong direction, and I wouldn’t write this blog if I didn’t think it were true.

Multiple times people have come to me with a will or trust where the lawyer had died.

Now, it’s not the biggest issue in the world. If nobody is contesting the will or trust then the fact that the attorney who wrote it is deceased doesn’t really affect your case.

But, there have been times where a will was contested, or where there was some issue with it… and I tried to call the attorney who wrote it, and he was gone. And so were the witnesses and the notary!

Everyone involved in the construction of the will were dead. Furthermore, no self-proving affidavit was signed, which meant that the witnesses were required to attest to the validity of the will in court. But they were dead.

This issue proved fatal (literally) to my clients case.

So, if you really want an air-tight estate plan, it’s adviseable to have it constructed by people who will likely be around at the time of your death to testify to any issues if your estate plan is contested.

For this reason, I’d say hiring a younger attorney is a great preventative measure.