Why Properly Executing Your Estate Plan Matters More Than You Think

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When it comes to estate planning, creating your documents is only half the job properly executing them is just as important. Unfortunately, many people go through the effort of drafting wills and trusts, only to have them deemed invalid because they failed to follow the specific legal formalities required under state law.

The Risks of an Improperly Executed Will

Each state has rules about how a will must be signed and witnessed. For instance, in many states, a valid will requires:

  • The testator (the person making the will) to sign the document.
  • Two witnesses to be physically present at the time of signing.
  • The witnesses sign in each other’s presence and in the presence of the testator.

These steps may seem procedural, but the consequences of skipping them can be devastating.

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Consider the case of Jo-El Stengel Smith, who signed her will while hospitalized in Louisiana. Two nurses acted as witnesses one stood inside her room, and the other remained in the hallway. Later, they signed the will back at the nurses’ station. The court ruled that this did not meet the legal requirement of being “in the presence” of one another and the testator. As a result, the will was thrown out, and Jo-El’s final wishes were never honored.

Trusts and State-Specific Requirements

Trusts can also be invalidated if not executed properly. In many states, trusts do not require witnesses to be present. But in Florida, for example, a revocable trust must follow the same execution rules as a will including the witness requirement. That means a Florida trust that lacks the necessary formalities is just as vulnerable as Jo-El’s will.

Don’t Let a Technicality Undo Your Planning

Creating a thoughtful estate plan involves making significant decisions: who will inherit your assets, who will care for your children, and how your affairs should be managed. But all that effort can be undone if your documents aren’t executed correctly.

A qualified estate planning attorney will not only help you draft clear and effective documents they’ll also make sure they’re signed and witnessed according to the law in your state. That way, your intentions will be honored, and your loved ones won’t be left dealing with confusion or court battles.

Working with McGee Law Firm means more than just putting documents in place it’s about making sure your legacy is protected and your loved ones are taken care of. We take the time to walk you through each step, making sure your estate plan reflects your wishes and meets all legal requirements. Whether you’re creating a will, setting up a trust, or need guidance on what’s right for your situation, our team is here to help. Getting it done right today can make all the difference for your family tomorrow. Contact us to schedule your free one-hour personal consultation. 

From the desk of Attorney Brandon McGee

Brandon McGee
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