VIDEOTAPING YOUR ESTATE PLAN

An article in Today's Wall Street Journal discusses the pros and cons of videotaping your will signing or estate plan. It does a good job of discussing the advantages and disadvantages.

Among the pros identified are:

• It can head off a fight over your estate plan, by demonstrating your competence and reasons for why you might give unequal amounts to children etc.
• Ofcourse, if a dispute does materialize after you die, it can serve as evidence of your testamentary capacity and your desires.
• It can also serve as a more personal legacy than a legal document on paper.

Among the potential cons identified are:

• It can serve of evidence of a lack of capacity if the person on the videotape seems senile, unresponsive, or uncomfortable, and therefore ultimately lead to a dispute that might not have materialized otherwise.
• It can of course cost more. (You will need to have your attorney consulted and present to ask appropriate questions.)
• It can create confusion as to the intent of the person, if they make statements that conflict with the terms of the estate planning documents.

It also cautions that this is not something that you want to do yourself or have one of your children videotape. First of all this document is going to serve as evidence in any potential proceeding, you need the advice of an attorney. Secondly, if a non neutral party like a child makes the videotape it can be argued that its evidence of undue influence.

And the article makes the excellent point that if you are going to leave unequal amounts to children or other similarly related relatives, you may want to let them know that you are leaving them unequal amounts while you are still alive so that you can set their expectations early instead of having them be shocked when they discover that after you pass.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775 - 9774
http://www.twininglaw.com