You have probably heard the expression the “new normal” a lot lately. Society defines “normal” and we try to conform to it. When life does not conform to our definition of “normal,” we need words to describe what is happening to us. Thus, the “new normal.”
The latest “new normal” is the onset of the novel coronavirus pandemic that is sweeping the globe and forcing people out of their comfort zones, sometimes drastically. Normal routine has been suspended, with authorities urging:
“Stay at home!”
“Stay at least six feet away from other people!”
“Do not congregate in large groups!”
This week my six-year old started to make these judgments: “They really should be social distancing,” he opined, watching a small group of neighbors with their toddlers running around together in a front yard. When our children start using “social distancing” as a verb, you know something has changed.
As a social species, our instinct to be with other people is hard to overcome. But coronavirus is ridiculously easy to transmit and very difficult to contain, so drastic measures being urged by government health officials are needed to keep the most vulnerable from getting sick.
Life was already complicated even before this “new normal” descended upon the world, as routine trials and tribulations of daily life seemed quite challenging enough. Now, for every one of us, the specter of serious illness, or worse, for us and our loved ones has made everyday living much more difficult. Few of us will ever adjust to the need for physical isolation from friends and family (and almost every other human, for that matter). Worst of all, perhaps, absolutely no one knows when life can return to something that we are able to recognize as “normal.”
With this uncertainty, it is important now more than ever to make sure your affairs are in order. As an attorney supporting wills and estate planning in the Capitol Hill neighborhood for the past several years, I wanted to share some thoughts on simple ways to get started.
First, make a checklist of what you have. This checklist should include:
1. A list of tangible assets, including real property, vehicles and any valuable personal property, such as heirlooms, that you may wish to pass on to descendants.
2. Insurance policies, including medical, life, and for any property.
3. Other financial records, including, but not limited to bank and securities accounts, retirement accounts and tax records.
4. Medical records, especially if you or anyone in your household is suffering from a continuing or chronic illness.
5. Property settlement, child support and alimony agreements, if applicable.
6. Estate planning documents, including wills, trusts, powers of attorney, and advance medical directives (living wills).
Then look at your checklist, take note of what’s missing, and try to figure out how to fill in the gaps. Out of all of the above items, perhaps the most overlooked are basic estate planning documents. A will? “I’m still young and have no assets,” or “I’m too busy raising a family to think of one.” An advance medical directive? “They’re for the very old or very sick, and I’m young and healthy.”
For a lot of people estate planning is for the rich or elderly. But it is never too early to execute a will, and everyone, healthy or sick, should have an advance medical directive just in case something unforeseen happens.
Just as everything else is more difficult at this point, we now arrive at this question: How does one draft and execute estate planning documents in the middle of a pandemic that is keeping people at a physical distance? Technology has made it easy to interact without meeting face-to-face, so drafting estate planning documents is easily doable. To date, a few states have adopted laws to allow for electronic signature of wills--but here, as with most places in the U.S, estate planning documents need to be executed, with witnesses, in person.
As I think about how my practice will adapt, I realize that now is the time to be creative. Use multiple pens. Wear protective gear. Hold outdoor will executions standing more than six feet apart. But in these uncertain times, this is something that we can still do to claim some peace of mind.
If this resonates with you, please be in touch. I am still accepting new clients, and I particularly enjoy working with my neighbors. I understand the constraints we all have on our time -- particularly with children out of school and the need to educate them at home -- and am pleased to offer virtual consultations whenever you may have a free moment. And while the stay-at-home orders are in effect, I will send detailed instructions on how to execute your documents yourself. My initial consultation is free, and my fees are commensurate with the complexity of the matter and ability to pay.
If you are interested in a Will and/or a Living Will (also known as an Advance Medical Directive), trust, power of attorney, or an estate plan, please contact me at pyabut [at] prylaw [dot] com, or visit my website at http://www.prylaw.com.
This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.
Philip R. Yabut, Esq. || 1411 H Street, NE, Washington, DC 20002 || (202) 670-2429 || pyabut@prylaw.com