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  • Writer's pictureSarah Morris Ocampo

How to Prove a Sound Mind when an Estate Plan is being Executed

Updated: Apr 5

An important question we are asked as Estate Planning Attorneys is “How does Morris Law Center determine that someone is of sound mind when they’re signing their Estate Planning documents?” In that regard, each time we finalize and execute an Estate Plan with our clients:

1. We have a notary in the room, notarizing your signature and verifying you are who you say you are.

2. We have two independent witnesses in the room when a client is signing their documents to verify they have witnessed the signing.

3. We create a video record of you signing your Estate Planning documents. While doing so, we explain what it is we are doing and have you verify to the camera that it is your intent. Also, if there is anything specific or unusual you’ve requested in your estate plan, we have you state that to the camera that as well (For example: “I’m going to disinherit my third son.”)

These are the steps we take to ensure that the intent element of an Estate Plan is in place, and that the document signing is secure, so that there are no issues in future.

If you want to dig deeper into this, or you want to talk about Estate Planning, then please give us a call at (702)850-7998, or click here to schedule a complimentary, 15-minute phone consultation with our attorneys.

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