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Don’t Judge a Document by it’s Word Count

By: Kathleen M. Toombs

The core documents of many an estate plan include a Will, Power of Attorney, Health Care Proxy and sometimes a Trust or a Deed. You will not be surprised to hear that in addition to stateto-state distinctions, there are also stylistic distinctions in the drafting of these documents.

If an “average” married couple hires two different attorneys to have estate planning documents drawn up, the result may be two very different looking sets of documents. One Will may be 2 pages long while the other Will may be 20 pages long. Which is the better Will? You cannot answer the question by word count alone. For example, a Will leaves “my house in equal shares to my children.” What are your children’s respective rights to the house and relative to each other? What if they disagree? What happens to a child’s share if they die after you? A turn of phrase may make a big difference.

What if you keep it simple by putting the kids’ names on the deed now? How does that impact property tax or income tax? Who is responsible for the homeowner’s insurance and does the house even qualify as “owner-occupied”? Who gets the proceeds if the house is sold while you are still living?

As you can see, there are many important small details to be drawn out. These words are important and add meaning. Be sure to think out what your objectives are. Find an attorney who will take the time to tease out the details and put together something you can feel good about. We will develop a plan that will work as you want it to.

As your drafting attorney, in addition to understanding your goals and objectives, I want to understand the family dynamic -- how well family members get along and whether there are concerns, for example, bad habits, health, or the influence of others. What and where are the assets? Are things in tax-deferred accounts? Is everything in New York State? These issues, potential tax consequences and other factors may be appropriate to incorporate into the planning.

The words of a document should add meaning and clarity. If the words do not add meaning, then those excess words may actually detract or lead to confusion.

Do you want document with a lot of flowery prose? Should you specify what an Executor’s duties and responsibilities are when they are already clearly and adequately spelled out in state statute? These additional words do not add value. Are there concerns for which additional details, flexible terms, definitions and descriptions might provide guidance and support to the Executor and family? These additional words may aid in the efficient administration of assets.

Can you, the person who will be signing the document, understand what all those words and phrases mean? You should try to understand and possibly look up a few words. Ultimately, you are relying on the attorney to get to the meaty details as well as provide sufficient guidance that your instructions will be clearly understood and followed.

Law Office of Kathleen M. Toombs 157 Barrett Street, Schenectady, NY 12305 (518) 688-2846

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