Are Video Will a Legitimate Alternative?

The tragic story of Jesse Beck illustrates the pitfalls of relying on informal methods, like video recordings, to express your last wishes. Jesse, at 45, made a video stating that he wanted his brother, Jason, to inherit everything. Just four days later, Jesse was struck and killed by a car. Unfortunately, the Montana Supreme Court ruled that his video did not count as a valid will. As a result, his estate will go to his daughter, not his brother, highlighting the importance of proper estate planning.

What Counts as a Will?

Creating a legally binding will requires meeting specific legal requirements, which vary by state. The most reliable type of will is a paper document prepared and signed under the guidance of an experienced estate planning attorney. This ensures compliance with state laws and reduces the risk of disputes.

Key Types of Wills:

1. Traditional Paper Wills: Signed with ink ("wet signature"), these are the gold standard.
2. Holographic Wills: Handwritten and signed by the testator, but these are not recognized in every state and are prone to disputes.
3. Electronic Wills (E-Wills): Recognized in some states, these are text-based documents that meet specific statutory requirements.

Methods That Don't Count as Wills:

• Video Recordings: Most states, including Montana, do not recognize videos as valid wills.
• Text Messages: Rarely accepted, even when written, unless clear and convincing evidence proves the decedent's intent.

Why You Need a Proper Will

When someone dies without a will, their estate is distributed according to state intestacy laws, which may not reflect their wishes. In Jesse’s case, a pending wrongful death case could result in millions of dollars going to his daughter instead of his intended heir, his brother Jason.

Creating a proper will avoids these complications and ensures that:

• Your assets go to the intended beneficiaries.
• Legal disputes among heirs are minimized.
• Your legacy is protected, regardless of the size of your estate.

The Risks of Informal Wills

Using unconventional methods, like videos or apps, to create a will leaves room for disputes and legal challenges. Courts vary in their treatment of non-traditional wills, and what works in one state may not work in another. For instance:

• Montana Courts: Do not accept videos or text messages as valid wills.
• Michigan Courts: Accepted a digital will created in an Evernote app, but this is the exception, not the rule.

The rise of artificial intelligence and deepfake technology adds another layer of complexity, raising concerns about the potential for fraud or manipulation of electronic wills.

Beyond the Will: Comprehensive Estate Planning

A will is just one part of an effective estate plan. Consider additional documents to ensure your wishes are honored:

• Power of Attorney: Appoints someone to handle financial matters if you become incapacitated.
• Healthcare Proxy and Living Will: Specify your medical preferences and designate a trusted individual to make healthcare decisions on your behalf.
• Trusts: Provide greater control over asset distribution, minimize taxes, and avoid probate.

Take Action to Protect Your Legacy

Don’t leave your family navigating uncertainty and legal battles. The best way to ensure your wishes are upheld is by meeting with an experienced estate planning attorney who can create a legally binding will and provide guidance on related documents.

At The Werner Law Firm, we prioritize creating robust estate plans tailored to your needs. Whether it’s drafting a will, setting up a trust, or preparing healthcare proxies, our estate planning attorneys are here to guide you every step of the way.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: The Wall Street Journal (Dec. 14, 2024) “Yes to Text Messages, No to Video: What Counts as a Will”