Estate planning is critical in ensuring a person’s wishes are honored after passing. A properly executed Will instructs asset distribution, preventing confusion and potential disputes among family members. Without a legally binding Will, an estate may be subject to intestate succession laws, resulting in outcomes that do not reflect the decedent’s intentions.
A recent case in Michigan, in re Estate of Frankford, illustrates the complications that can arise when estate planning documents are not properly executed. David Frankford had tried to draft a comprehensive estate plan, working with an attorney to create a Will, Revocable Living Trust, and other essential documents. Despite this effort, he never signed them. After his passing, his step-granddaughter, Courtnie, discovered handwritten notes alongside the unsigned documents. These notes outlined his wishes regarding asset distribution and funeral arrangements, but because they lacked formal execution, they became the subject of legal dispute.
David’s brother, Michael, contested the validity of these notes, arguing that they were informal and lacked the execution requirements to function as a Will. He contended that David’s failure to sign his estate planning documents over seven years indicated that he had either changed his mind or did not intend them to be legally binding. In response, Courtnie presented testimony from multiple friends and family members affirming that David had repeatedly expressed his intent to leave his estate to his step-grandchildren rather than his brother.
Like other states, Michigan law allows for a “harmless error” rule under MCL 700.2503, meaning that even an unexecuted document can be admitted as a Will if clear and convincing evidence establishes that the decedent intended it to function as such. The court ultimately ruled that David’s handwritten notes should be admitted to probate, determining that they contained sufficient details regarding asset distribution, funeral wishes, and key beneficiaries. Witness testimony consistently reinforced that David believed his affairs were in order and that he had communicated his wishes to his family.
California, Colorado, Hawaii, Michigan, Minnesota, Montana, New Jersey, Ohio, Oregon, South Dakota, Utah, Virginia, and the District of Columbia each employ a harmless error rule with variations in how strictly each state applies the rule. Like Michigan law, the District of Columbia allows any text record to be deemed a Will if the proponent establishes the decedent’s intent by clear and convincing evidence. But Virginia limits the application of its harmless error rule, providing that the rule may not be used to excuse compliance with any requirement for a testator's signature, unless two persons mistakenly sign each other's will, or a person signs the self-proving certificate to a Will instead of signing the Will itself. Ohio’s rule requires clear and convincing evidence that the decedent intended the document to be his or her will and signed the document in the conscious presence of two witnesses. Still, it does not require that the witnesses sign the document.
Texas, Maryland, and New York have no exceptions to the formal requirements for execution of Will.
While Michigan’s laws permitted this outcome, many jurisdictions do not offer such flexibility. This case is a crucial reminder of the importance of properly executing estate planning documents to prevent legal battles and uncertainty. Even where informal documents may be recognized, proving intent can be costly, time-consuming, and emotionally draining for surviving family members.
To avoid such complications, individuals should ensure their estate planning documents are drafted, properly signed, and executed under the legal requirements of their jurisdiction. Beyond a Will, additional instruments such as a Revocable Living Trust, Durable Power of Attorney, and Advance Medical Directive can provide further protection and clarity, ensuring that both financial and healthcare decisions are carried out as intended.
For those who have delayed finalizing their estate planning documents, this case underscores the risks of leaving an estate in limbo. Intent alone is not enough; formalizing that intent through proper legal channels is essential to safeguarding one’s wishes and providing clarity for loved ones. Taking the time to execute a well-drafted estate plan with the assistance of a qualified attorney helps minimize legal challenges and ensures a smoother administration process for all involved.
Contact the attorneys at Altman & Associates at (301) 468-3220 or via our website at altmanassociates.net to arrange a consultation to discuss your affairs.
Contributed by Andrew White, Senior Estate Attorney
