What Constitutes a Validly Executed Will (Part 2)
Last week I was telling you about an Australian case in which the court held that a deceased man’s unsent text message found on his phone was considered to be a valid will. How might a New Jersey court rule on these facts? New Jersey law generally establishes that a will should be in writing, signed by the testator (the person who’s wishes are contained in the will) or in the testator’s name by another person in the conscious presence of the testator and at his/her direction. The will should also be signed by at least 2 witnesses who did so within a reasonable amount of time after witnessing the testator’s signature or the acknowledgement of the testator’s signature. What if these requirements aren’t met? New Jersey law states that a will that doesn’t comply with the witness requirements may still be valid as a “writing intended as a will” if the signature or material portions of the document are in the testator’s handwriting. That wouldn’t appear to help here since the Australian man texted his wishes. His stated wishes were not “in his own handwriting”. It may, however, still be considered a will if it can be proven
What Constitutes a Validly Executed Will
An interesting case caught my eye on the internet the other day. An Australian court found that an unsent text found in a deceased man’s phone, stating that he wanted his estate to go to his brother and nephew, not his wife and son, composed before he took his own life, constituted a validly executed will. The wife took the case to court, claiming the text was not valid because it was never sent. The court disagreed, finding the phrasing of the text indicated the man was of sound mind when he composed the text. It also considered the relationship of the decedent and his wife. Although they were still married at the time of his death the relationship was strained. Normally, under Australian law a valid will must be in writing and signed before two witnesses, however, a change in the law 11 years ago now permits less formal documents to be considered wills. A holographic will is one that is not witnessed and does not comply with the laws relating to the proper execution of a will. It is not uncommon for holographic wills to be admitted as validly executed wills. What makes this case interesting is
Governor Christie Signs New Law to Cover Digital Assets
On September 13, 2017 Governor Christie signed a new bill into law, the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”). The new law becomes effective 90 days from the date of signing, December 12, 2017. The issue of accessing digital assets has become an increasingly troublesome one over the last 15 years as the number of online accounts and other digital assets has grown exponentially. The Act permits certain fiduciaries to access a user’s digital assets. The Act defines a digital asset as an electronic record in which an individual has a right or interest but does not include the underlying asset or liability unless the asset or liability is itself an electronic record. A fiduciary includes a guardian, agent under a power of attorney, executor of a will and trustee of a trust. What exactly does this act cover? I can, for example, sign a power of attorney specifically giving my agent the power to access my digital assets, such as my Facebook, Amazon, email accounts etc. Facebook or Amazon, as the custodian, must disclose that information to my agent. The same thing applies if my executor after my death needs to access my accounts. Until now
What Seniors Can Do to Protect Themselves From Identity Theft (Part 2)
Last week I told you about what you can do to monitor your credit report to keep an eye out for identity theft that may have occurred as a result of the recent Equifax data breach. This week we’ll talk about a more proactive approach, trying to stop theft before it occurs. There is something called a security freeze, also known as a credit freeze. First let’s be clear about what thieves can and want to do with the information taken from Equifax. With your Social Security number, birth date and other identifying information, thieves can apply for loans, credit cards or other types of credit in your name. They receive the money or make purchases in your name and leave you with the unpaid debt. Financial institutions look to you to pay back the money and when you don’t place black marks on your credit and take legal action against you to collect on the debt. If I place a security freeze on my credit file, when someone applies for credit in my name the request cannot move ahead without “unfreezing” it, using a personal identification number (PIN) which I have chosen. Thieves can’t proceed because the financial
What Seniors Can Do to Protect Against Identity Theft
You may have heard about the most recent data breach that occurred earlier this month. The credit reporting agency, Equifax announced that their supposedly secure computer system was hacked. As many as 143 million Social Security numbers, names and addresses were accessed. Odds are that you and/or your family members were affected by this widescale breach. Security experts explain that whoever stole this information will likely sell it to identity thieves who will then use it to establish new credit and bank accounts in the names of the people whose Social Security numbers were compromised. Once these accounts are established then the thieves can make purchases and obtain loans which, of course, won’t be paid for or paid back, all negatively affecting credit. It is a real mess to fix. Seniors are particularly vulnerable to fraud since many may not be able to detect the theft as readily as younger people. So, what can you do to protect yourself and your loved ones? After announcing the data breach, Equifax set up a website to answer questions and disseminate information, www.equifaxsecurity2017.com. To check whether you are affected by the breach you can type
Preparing for a Natural Disaster
With all the news stories about Hurricanes Harvey and Irma, the destruction caused to Texas, Florida and Caribbean islands, and their aftermath, one story caught my eye. The deaths of 8 nursing home residents in Hollywood, Florida highlights the especially vulnerable position that the elderly face in times of crisis and public upheaval. In case you missed it, the Florida nursing home lost power along with many other businesses and homes. Temperatures in the facility soared without air conditioning causing the deaths of the elderly residents, who have less ability to handle temperature extremes. There were some reports that the home was located across the street from a hospital and that the facility did not immediately ask for assistance from either police or the hospital until it was too late for the residents who died, although other news articles made no mention of a delayed response by the nursing home’s administration. What can we learn, if anything, from these tragedies? Something that I always tell clients and prospects about long term care. It is better to plan ahead then to react in crisis. Frequently we have had clients who retired years earlier to