How to Make a Will During the Coronavirus Outbreak
The COVID-19 outbreak has many people thinking about getting a basic estate plan in place. In the best of times it can be hard to make yourself think about planning for your own mortality. The current shut downs and social distancing orders may give you time to reflect and plan, but certainly don't make it easy to set up a meeting with an attorney or law firm to put a plan in place.
The good news is that we have a plan to allow you to get your comprehensive estate planning documents in place right now, without risking COVID-19 exposure, and with more peace of mind than an online will can provide.
The good news is that we have a plan to allow you to get your comprehensive estate planning documents in place right now, without risking COVID-19 exposure, and with more peace of mind than an online will can provide.
The Challenge of Creating a Full Estate Plan During COVID-19The "gold standard" for a comprehensive estate plan includes a last will and testament, durable power of attorney, health care proxy, and in many cases a some kind of trust. The combination of these documents allows you to control who gets your assets after you die and identify guardians for your children. It also allows you to reduce or eliminate the burden of probate costs and estate taxes for your family. In some instances, you can also use a comprehensive estate plan to protect certain assets from the cost of long term care if you need it in the future.
In normal times, it is best practice to have these legal documents prepared and sign them in a lawyer's office with witnesses and a notary. In the current situation, however, assembling in a law firm to execute documents is inconvenient at best and potentially dangerous at worst. The Solution: Remote Estate Planning ServiesThere are two things you can do easily even during the coronavirus outbreak. First, you can get started on developing your comprehensive estate plan by having a remote consultation, by telephone or video conference, with an estate planning attorney.
Your lawyer can gather information about your family, your assets and your wishes, and make recommendations for the documents you will need. He or she can even draft the documents, provide them to you for review, and make any needed changes, all electronically. Even if you cannot formally execute all of these documents, they will be prepared and ready for you when normalcy returns. Effective April 27, 2020, you can now take the next step and have all of your estate planning documents finalized, signed, witnessed and notarized without leaving your home. In the past, you could not create legally binding estate planning documents without witnesses and a notary who were physically present at the signing. Governor Baker has signed emergency legislation allowing law firms to do this by video-conference. This means you could have it all done before this crisis is even over. |
Need a Remote Estate Planning Solution??
Jenna Ordway
Rated by Super Lawyers loading ... 
|
What Are the Essential Estate Planning Documents?
A will: a will is simply the legal document that identifies who gets your assets, who is in charge of administering your estate, and if you have minor children, who will take care of them if something happens to you.
A health care proxy: this is the document that identifies a person who can make medical decisions for you if you are unable to do so. If you become ill during this crisis and are hospitalized, there may be a period of time in which you cannot make or articulate your preferences. Having a health care proxy ensures that someone you trust can make those decisions, and that doctors can act quickly as needed.
A durable power of attorney: this document authorizes someone you trust to make financial decisions for you if you become sick and cannot do so yourself. It is like a health care proxy in that it identifies a decision-maker, but meets a different need.
A temporary guardianship for minors form: if you have named legal guardians in your will, they will easily get court approval to be appointed legal guardians. But this is a process and requires a court filing. To compound the situation, state courts are closed in Massachusetts for non-emergency business until at least May 31, 2020. A temporary guardianship form is something you can fill out and leave in a safe place so your chosen guardians can immediately start taking care of your children.
These are simple but critical things. For most families, it is also a good idea to create one or more trusts. Trusts can accomplish many important goals. These include protecting assets from estate taxes, protecting assets from the costs of long term care, minimizing or avoiding the need for probate court involvement, and establishing a plan for distribution that is truly customized for your family and your goals..
You also may have an existing estate plan but want to make simple changes. For example, if you have named a guardian for your children who lives in a COVID-19 "hot spot" like New York City, you may want to temporarily name someone else. We can do this with a codicil to your will that can be prepared remotely and signed in the same way as your will and health care proxy.
A health care proxy: this is the document that identifies a person who can make medical decisions for you if you are unable to do so. If you become ill during this crisis and are hospitalized, there may be a period of time in which you cannot make or articulate your preferences. Having a health care proxy ensures that someone you trust can make those decisions, and that doctors can act quickly as needed.
A durable power of attorney: this document authorizes someone you trust to make financial decisions for you if you become sick and cannot do so yourself. It is like a health care proxy in that it identifies a decision-maker, but meets a different need.
A temporary guardianship for minors form: if you have named legal guardians in your will, they will easily get court approval to be appointed legal guardians. But this is a process and requires a court filing. To compound the situation, state courts are closed in Massachusetts for non-emergency business until at least May 31, 2020. A temporary guardianship form is something you can fill out and leave in a safe place so your chosen guardians can immediately start taking care of your children.
These are simple but critical things. For most families, it is also a good idea to create one or more trusts. Trusts can accomplish many important goals. These include protecting assets from estate taxes, protecting assets from the costs of long term care, minimizing or avoiding the need for probate court involvement, and establishing a plan for distribution that is truly customized for your family and your goals..
You also may have an existing estate plan but want to make simple changes. For example, if you have named a guardian for your children who lives in a COVID-19 "hot spot" like New York City, you may want to temporarily name someone else. We can do this with a codicil to your will that can be prepared remotely and signed in the same way as your will and health care proxy.
How Does the Document Signing Work?
The process is simple, and starts with a free consultation. We conduct this by phone or video, and find out more about your family and your goals. We will then recommend the package that we think best meets your goals. Once you decide what documents we want, our estate planning attorney will draft them and send to you for your review. When you are ready to finalize, we set up a video conference with you, an attorney, and two of our team members who will serve as witnesses. We will send the final documents to you ahead of time along with a prepaid return envelope, witness you sign via video, and finalize the documents with witness and notary signatures once they arrive back at our office.
If you want to see how it works before committing to a full package, we are offering a free durable power of attorney so that you can "test drive" the remote witnessing system.
If you want to see how it works before committing to a full package, we are offering a free durable power of attorney so that you can "test drive" the remote witnessing system.
What is the Difference Between Virtual Estate Planning Services and an Online Will
It may be tempting to go online to put an interim plan in place. The reality is that very few online sources are a good substitute for an attorney with experience drafting Massachusetts estate plans.
An online will service can get you an enforceable document that names a personal representative and guardian and identifies who gets your assets. It cannot:
Finally, it is now just as easy to connect with a real, experienced, Massachusetts-licensed attorney to create a customized estate plan as it is to go online. 100% of the process can be completed without you leaving your home.
An online will service can get you an enforceable document that names a personal representative and guardian and identifies who gets your assets. It cannot:
- Walk you through the signing process to make sure everything is done correctly.
- Ask questions and follow up questions to truly understand your family situation and goals.
- Make sure you are clear about the choices you are making and what those choices will and will not accomplish.
- Counsel you about how certain life changes may affect your estate planning and when you should consider revising your plan.
- Explain key terms and concepts and answer your questions about how the complete plan will wor
Finally, it is now just as easy to connect with a real, experienced, Massachusetts-licensed attorney to create a customized estate plan as it is to go online. 100% of the process can be completed without you leaving your home.
How Can We Help?
We are ready to help, and can put your plan in place through phone, video and electronic communication so that you can stay safe and at home. You can read answers to some frequently asked questions about estate planning, and use the button below to schedule a call back from a member of our team, give us a call at 781-784-2322, or fill out our web form to let us know a little more about your situation.
