I often use mobile notaries because I make house calls. One of my trusted notaries recently shared this story:
“I was called to notarize documents for a clearly wealthy man who had created his own estate plan using TrustandWill.com.
He was chatty. Told me he already had a trust but couldn’t find it—so he made a new one.
He had no documents funding the trust—no Quitclaim Deed, no property transfer paperwork.
He named only each other as agents on their Power of Attorney forms, even though they were about to take a sightseeing helicopter ride. No backups.
They had HIPAA forms but no Advance Health Care Directives.
He proudly told me the website was easy and that he read every word of the prewritten trust. I suggested he consider having an estate planning attorney take a look. He said, ‘Not worth the money—my sons won’t fight over anything.'”
Unfortunately, every one of these decisions is a red flag. Here’s why:
-Missing the old trust → If both versions exist and no one knows which is final, the sons may end up in court to resolve it.
-No Quitclaim Deed → If real property isn’t titled in the trust, probate is required.
-Only each other as agents → If both parents are incapacitated, no one can legally act, and a court-appointed Conservatorship will be necessary.
-No Health Care Directive → The sons won’t have the authority to stop life-sustaining treatment, even if it’s against their parents’ wishes.
He saved money upfront—but it’s likely his sons will spend thousands fixing it later.
If you want to avoid these mistakes and keep your children out of court, give me a call. A well-made plan is an investment in peace of mind.
