Don’t Write in the Margins Why Handwritten Estate Plan Changes Spell Trouble
Changes to estate plans are common, but there’s a right and wrong way to make them. In this abridged blog post, Craig outlines the dangers of a DIY approach to updates. Read his full thoughts at FloridaEstatePlanning.com/dont-write-in-the-margins . Many of us are used to taking notes in the margins of written papers. My wife jots down adjustments and additions on her recipe cards, and my late law partner, John Sheppard, used to write down his thoughts in the margins of biblical passages. Nevertheless, I warn you against putting anything in the margins of your estate planning documents. Occasionally, I see wills or trusts that have crossed-out provisions with handwritten changes. While some may think that this is an easy (and inexpensive) way to amend provisions in your legal documents, those handwritten changes usually cause more problems than they solve.
added new beneficiaries who didn’t appear in the typed provisions of her documents. She had also taken the time to initialize the changes and, in one instance, went so far as to have someone notarize the page. Trustees discovered these changes after she died, but they were unsure what to do with these handwritten notes, especially since many were witnessed, and at least one appeared to be notarized. Florida law is clear on how to change a will or trust. For a codicil to a will or an amendment to a trust to be valid, a testator must sign at the end of the document, and two people must also witness the testator’s signature in the presence of the testator and each other. In the case of our deceased client, after several thousands of dollars in legal fees and about a year’s worth of depositions and court hearings, the court ruled that her handwritten notations had no legal significance. The moral of this story is not to make handwritten changes to your legal documents. If you want to amend your will or trust, you
A few years ago, a client tried to amend her documents by making
handwritten changes without our knowledge. She
should have a separate document signed and witnessed per the law. Handle all changes through an experienced estate planning attorney who can ensure your wishes are carried out.
deleted some beneficiaries,
reduced some of the gifts to other beneficiaries, and
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TAKE A BREAK!
INGREDIENTS
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2 sticks butter, divided
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2 tsp salt
1/3 cup flour 5 cups milk
2 tsp garlic powder
1/2 tsp pepper
8 oz cream cheese
1 lb bacon, chopped and cooked 8 jalapeños, seeded and chopped
3 cups shredded white cheddar cheese, divided 4 cups shredded pepper jack cheese, divided
1 lb macaroni, cooked 1 cup panko breadcrumbs
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DIRECTIONS 1. Preheat oven to 375 F. 2. In a large saucepan, melt 1 stick butter over medium heat. Add flour and whisk until fully absorbed in butter. Whisk in milk slowly. 3. Once sauce thickens, stir in cream cheese and shredded cheese until melted, reserving 1 cup of each shredded cheese. Add seasonings, bacon, and jalapeños before removing from heat, then combine pasta and sauce. 4. In a small skillet, melt remaining butter and stir in panko. 5. In a greased baking dish or skillet, add macaroni and top with panko and remaining cheese. Bake for 30–40 minutes and serve warm.
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