New York Estate Planning & Elder Law Blog
Electronic wills have the option of providing a variety of important benefits to individuals who are interested in the estate planning process. Considering the tendency of many individuals to delay issues related to estate planning, electronic wills provide individuals with an opportunity to quickly create a legal document that decides how their assets should be divided following their death.
Weaknesses in Electronic Wills
There are some dangers that exist in using an electronic will, which must be addressed before these wills are capable of being used before individuals. A skilled estate planning attorney, however, is often able to help individuals navigate these various issues which include the following:
- Identity Theft. Electronic wills expose individuals to an increased amount of identity theft due to hacking. One of the ways that this problem can be solved is by requiring individuals establish a higher form of information required to verify a testator and witnesses.
- Manipulation. There are many cases where elderly or sick individuals create estate plans while under the pressure of other individuals. Our law firm is able to evaluate whether a client has the mental presence to create an estate plan. In some situations, individuals feel comfortable disclosing things in the confidentiality of a meeting with a lawyer that they would not otherwise reveal. As a result, legal counsel is often able to anticipate and handle potential cases of manipulation much better than would be handled in electronic wills.
- Marriages Involving Non Traditional Marriages. A skilled attorney is able to analyze a marriage to determine any problems that might later arise. Electronic wills do not take consideration involving unique problems that might arise concerning unexpected events in families or marriages.
- Wills That Are Lost. If a person’s electronic will is lost, an estate will be required to pass through intestacy. While a lost will is also a risk with paper wills, there are some elements that could occur outside the responsibility of the will’s creator including digital companies that might delete the will.
Speak with a NY Probate Attorney
While many individuals feel that it is only a matter of time before electronic wills become part of the digital world, at the moment, Nevada is the only state that allows electronic wills. The concept and future of electronic wills is not going away anytime soon. If you or a loved one is interested in creating strong estate planning tools, it is still a very wise idea to contact a knowledgeable attorney. Our law firm is waiting today to help with all of your estate planning needs.