Pandemic puts renewed focus on estate planning, attorneys say

ELYRIA — The coronavirus pandemic has left people with extra time to think, and many have spent part of that time thinking about getting their estate in order in case of a worst-case scenario. Some local attorneys have reported an increased demand for last wills and testaments and other estate planning documents as the outbreak progresses. One possible reason this may be happening is that hearing stories of Americans sick and dying from coronavirus has made people ponder their own mortality, Lorain County Probate Court Judge James Walther speculated. "I think if I didn't have a will and I was reading the news about the things that were going on in my community, state and country, this would be motivation to get a will," he said. Although probate judges are involved in the authentication and distribution of wills, not their writing, Walther said the updates he has been hearing from attorneys lead him to believe that more wills are being written in Lorain County. One attorney, Sheffield-based Andrea Kryszak, said she believes there has been an increase in people working in essential industries and "front line" jobs wanting to get estate plans, even younger people who may not ordinarily be thinking about a will. "Their family members are pushing them, 'You've got to get this done,'" she said. "Especially if they have younger children, to have provisions in place like who is going to take care of their children and who is going to handle the inheritance for the children." Attorney Neil Spike, who has offices in Elyria and Avon, said not only are his phones "ringing off the hook" from prospective new clients, but he is also getting calls from people with previous estate plans inquiring about updating their plans. "I'm talking to people that have had wills and trusts in place for 10 years, and now their children, instead of being 12, 10 and 8, they are now 22, 20 and 18. They want to start giving them a little more responsibility and things like that," Spike said. From young people to senior citizens, recently laid-off workers to front line employees, interest in estate planning has not slowed down, and has increased if anything, he said. "A lot of people, when they think about estate planning … the first thing that comes into their mind, and perhaps rightfully so, is a last will and testament, or what happens if I die," Spike said. "What I try to impress upon my current and prospective clients is that there may be some things that are just as, if not more, important to put in place, that talk about what happens during your lifetime." Documents including powers of attorney and living wills are equally crucial, he said. While Lorain-based attorney Michael Tully said he has not personally noticed an increase in people looking to get a will, he did point out another issue — that attorneys are having to adapt to new methods of working with clients in nursing homes, where guests are not allowed in as a safety precaution. Although each nursing home may have their own unique arrangement, Tully said he recently set up a plan to have a husband and wife in a local nursing home sign some documents. "The director of admissions was very accommodating," Tully said. "She was going to have the clients go in her office and I was going to stand outside the doorway and watch the clients sign the documents so I can witness and also notarize them keeping my social distancing in place." For wills in particular, Spike said it can be difficult to set up a situation where two disinterested witnesses sign the will in the presence of the testator, which is a legal requirement in Ohio. Kryszak added that some nursing homes employ a notary who can assist with getting documents signed, but others have policies against that. She has a client whose parent living in a long-term care facility needs to sign and have notarized a power of attorney, but there is nobody who can notarize it in the facility and she can't go in to see the parent. "We're just waiting and hoping that things get better soon so we can get their documents in order," she said. "But that is a concern, because if they can't sign the documents and their health gets worse, now we have to apply through the court for guardianship." Beyond nursing home patients, even healthy adults are "playing with fire" if they don't have a will written, Walther said. "I am a huge proponent that everybody over the age of 18 should get a will, especially if you own any property and especially if you have children," he said. Contact Dylan Reynolds at (440) 329-7123 or dreynolds@chroniclet.com. Follow him on Twitter @drey1357.