The COVID-19 crisis has prevented many Georgians who want to execute a new will or make changes to an existing will from doing so. Both the need to prioritize social distancing and Governor Kemp’s shelter-in-place order have made it difficult to meet Georgia law requirements for witnessing the execution of a will. If you are among this group, there may be viable options for achieving your estate planning goals that you have not considered.
For example, you can work with your estate-planning attorney to create a revocable trust into which you then transfer the majority of your assets. Express trusts do not need to be witnessed by third parties; merely signed by the settlor. Thus, you can create a valid instrument that provides for the distribution of your assets after your death without the need for anyone to watch you execute that document.
Assets can also be transferred into trust without face-to-face interaction. Many banks and financial institutions will allow you to open an account in your name as trustee of your revocable trust via electronic signature. And many options exist for electronically transferring assets into a trust account.
If you need to complete or amend your estate plan, there are still options for doing so effectively. Contact your estate-planning attorney for assistance.
