When tragedy strikes, it often brings not just grief but also confusion and legal challenges—especially when there’s no legally valid will in place. Imagine leaving behind loved ones, thinking you’ve communicated your wishes, only for them to be caught in a storm of legal disputes. That’s what happened to Jesse Beck, whose story is a stark reminder of why proper estate planning is critical.
At just 45 years old, Jesse made a video expressing his wish for his brother to inherit his estate. But four days later, Jesse tragically passed away in an accident, and his video didn’t hold up as a legally binding will. The Montana Supreme Court ruled that video doesn’t count as a will, according to The Wall Street Journal article, “Yes to Text Messages, No to Video: What Counts as a Will.” Instead, his estate went to his daughter—something Jesse didn’t plan for but could have avoided with the proper legal documents in place. This heartbreaking situation highlights how improper or incomplete planning leaves families with stress, disputes, and financial uncertainties.
At Vick Law, we understand how much you care about your loved ones and their future. We’re here to ensure your wishes are carried out clearly and legally through personalized estate planning. In addition, we can help you create a heartfelt video message to leave behind for your loved ones—not for legal purposes, but as a personal way to share your love, wisdom, and the reasons behind your estate planning choices.
Why a Valid Will is Non-Negotiable
The gold standard for a will is simple but essential: a paper document drafted by an experienced estate planning attorney, signed with a “wet signature,” and aligned with your state’s laws. Without this, your estate may be subjected to:
- State intestacy laws: When there’s no will, the state determines who inherits your estate, which may not reflect your wishes.
- Costly legal battles: Heirs may face disputes over your intentions, leading to prolonged court proceedings.
- Uncertainty for your family: Loved ones may be left unsure of your wishes, which can lead to emotional and financial stress.
While some states recognize electronic wills, the rules around them are evolving and inconsistent. For instance, a Michigan court accepted a digital note created in an Evernote app, while a Montana court rejected a text message as a valid will. However, audio and video recordings—no matter how heartfelt—are generally not considered valid wills in any state.
The Risks of Not Having a Will
If you die without a will (intestate), your assets will be distributed according to your state’s intestacy laws. This can lead to unintended consequences, like assets going to individuals you didn’t choose, or family members engaging in disputes over your estate. In Jesse Beck’s case, his verbal wishes for his brother to inherit were ignored, and his daughter became the heir. A wrongful death lawsuit related to his accident could have led to a significant inheritance for his daughter—something Jesse could have planned differently if he’d had the proper estate plan in place.
How Vick Law Can Help You and Your Loved Ones
At Vick Law, we’re committed to helping you protect your legacy and ensure your loved ones are cared for in the way you intend. We offer comprehensive estate planning services, including:
- Drafting legally valid wills that align with state laws.
- Creating Powers of Attorney, Healthcare Proxies, Living Wills, and Trusts.
- Helping you name guardians for your children and caretakers for your pets.
- Offering a sentimental video option—a chance to record a personal message to your loved ones. While this video won’t serve as a legal document, it can provide comfort and clarity, sharing your intentions in your own words.
By partnering with Vick Law, you’ll have peace of mind knowing your family is protected, your wishes are clear, and your legacy is secure. Contact Vick Law today to schedule your estate planning consultation.
Key Takeaways
- A legally valid will is essential to ensure your assets are distributed according to your wishes.
- Videos, text messages, and verbal statements are not legally binding in most states.
- Avoid leaving your loved ones with unnecessary legal battles by working with an experienced estate planning attorney.
- At Vick Law, we help you create a comprehensive plan that protects your family and offers the opportunity to leave behind a heartfelt video message for your loved ones.
Don’t wait for the unexpected to catch your family off guard. Contact Vick Law today to schedule your estate planning consultation.
Reference: The Wall Street Journal (Dec. 14, 2024) “Yes to Text Messages, No to Video: What Counts as a Will”
