Typos/mistakes in will - how do I handle this? (NBR)

704bride · July 2011

We got an e-mail from the lawyer we've hired to do our wills that they were ready and to make an appointment to go in and sign them. I asked for them to e-mail me copies of everything ahead of time, which they did. Here's one of the mistakes:

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In the event my husband and I die simultaneously or under circumstances which make it difficult to determine of us died first, I direct that I shall be deemed to have predeceased me for the purposes of this Will.

?!?!?! Huh?

Another - At the top of DH's will, it has someone else's name!!! The word "unreasonable" was also used instead of "unreasonably." I haven't even gone through with a fine-tooth comb yet, but am wondering how to respond to them. We're possibly supposed to go in tomorrow to sign them, but I want to make sure there is not a single typo first. I can't STAND typos and especially think they're awful in a LEGAL DOCUMENT!!! I just hate awkward confrontations.

By the way, I really hope I don't have any of my own typos in a rant about typos!

EDIT: I don't know how to get rid of all the nonsense above where the quote from the will is. It's how it copied and pasted. When I go to edit it out, it's not there.

kathymarie · July 2011

I'd print it out and highlight all the mistakes, but I'm a grammarcunt like that.

Junebug060609 · July 2011

I would just tell them that you've found some typos and would like time to go over the document thoroughly to make sure there are no more. I'd make them correct the mistakes you find, and then get it to you to review before you sign it. Don't sign it until it is to your satisfaction.

ETA: And don't feel bad about bailing on them for the signing. They are the ones that gave you a substandard quality product.

martinimomma · July 2011

I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.

anonomity · July 2011

sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.

Great advice, as always. Wink I concur. Don't sign it until you are happy with the corrections!

xoladiebug · July 2011

sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.

Super smart idea about having them see a redline. I would have never known about that!

martinimomma · July 2011

anonomity:
sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.
Great advice, as always. I concur. Don't sign it until you are happy with the corrections!

And there you have it from 2 pregnant lawyers with attitude! Stick out tongue

anonomity · July 2011

sandyd:
anonomity:
sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.
Great advice, as always. I concur. Don't sign it until you are happy with the corrections!
And there you have it from 2 pregnant lawyers with attitude!

Bahaha, I love it! Yes

JoAnna914 · July 2011

sandyd:
anonomity:

sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.

Great advice, as always. I concur. Don't sign it until you are happy with the corrections!

And there you have it from 2 pregnant lawyers with attitude!

Add a third pregnant lawyer who agrees - sloppy sloppy sloppy!!!!! Being an attorney, I probably would also question the actual substantive contents of the will if they can't even correct typos in the form documents they use (but then again, I'm b!tchy that way and would probably fire them on an impulse, lol).

704bride · July 2011

JoAnna914:
sandyd:
anonomity:

sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.

Great advice, as always. I concur. Don't sign it until you are happy with the corrections!

And there you have it from 2 pregnant lawyers with attitude!

Add a third pregnant lawyer who agrees - sloppy sloppy sloppy!!!!! Being an attorney, I probably would also question the actual substantive contents of the will if they can't even correct typos in the form documents they use (but then again, I'm b!tchy that way and would probably fire them on an impulse, lol).

This is what we're worried about, too. I'd back out now and just make our own with one of those programs (or type up one based on someone else's will), but he'd probably charge us anyway. We didn't want to do it that way in the first place because we wanted to make sure it was done "properly." I really wonder how many other people have incorrect wills. I'm going to ask my neighbor if I can look at his because he was the one who recommended this guy. Also, a question for anyone still reading: I thought my son's name was going to be included since we discussed how the will would have to be edited once my baby is born, but it just references "any children of mine who are minors..." Is that okay? He's the most important part of the whole thing, so I want to make sure everything would go as smoothly as possible in the event that something happened to both of us.

JoAnna914 · July 2011

704bride:
JoAnna914:
sandyd:
anonomity:

sandyd:
I'm a lawyer, and there is nothing awkward about this -- it is sloppy drafting in one case and use of a "form" document without adapting the form in the other (also sloppy). Since you are paying good money for this, I would suggest sending the pages with the errors you found to him/her via email or fax and simply say in the accompanying message that you expect all typographical errors will be corrected prior to signing, and that you would like to see a redline (which shows all the changes made to the document since you last saw it) before you show up to execute.

Great advice, as always. I concur. Don't sign it until you are happy with the corrections!

And there you have it from 2 pregnant lawyers with attitude!

Add a third pregnant lawyer who agrees - sloppy sloppy sloppy!!!!! Being an attorney, I probably would also question the actual substantive contents of the will if they can't even correct typos in the form documents they use (but then again, I'm b!tchy that way and would probably fire them on an impulse, lol).

This is what we're worried about, too. I'd back out now and just make our own with one of those programs (or type up one based on someone else's will), but he'd probably charge us anyway. We didn't want to do it that way in the first place because we wanted to make sure it was done "properly." I really wonder how many other people have incorrect wills. I'm going to ask my neighbor if I can look at his because he was the one who recommended this guy. Also, a question for anyone still reading: I thought my son's name was going to be included since we discussed how the will would have to be edited once my baby is born, but it just references "any children of mine who are minors..." Is that okay? He's the most important part of the whole thing, so I want to make sure everything would go as smoothly as possible in the event that something happened to both of us.

DISCLAIMER: I am not a wills, trusts or estates attorney, and this is not legal advice. Personally, I'm fine with the language about your children - that is all-inclusive and will cover any other future children you have, so as long as everything else stays the same in your life, you won't have to change your will every time you have a child.

As far as firing these guys now, what is the payment arrangement you have them? Have you already paid a retainer up front, or do you pay upon completion of the documents? What does your retainer letter say (if you have one)?

Eris-Alexis · July 2011

Junebug060609:
I would just tell them that you've found some typos and would like time to go over the document thoroughly to make sure there are no more. I'd make them correct the mistakes you find, and then get it to you to review before you sign it. Don't sign it until it is to your satisfaction.

ETA: And don't feel bad about bailing on them for the signing. They are the ones that gave you a substandard quality product.

This for sure.

704bride · July 2011

DISCLAIMER: I am not a wills, trusts or estates attorney, and this is not legal advice. Personally, I'm fine with the language about your children - that is all-inclusive and will cover any other future children you have, so as long as everything else stays the same in your life, you won't have to change your will every time you have a child.

As far as firing these guys now, what is the payment arrangement you have them? Have you already paid a retainer up front, or do you pay upon completion of the documents? What does your retainer letter say (if you have one)?

I tried replying to this before - not sure what happened. Anyway, thanks for the non-legal advice. ) I feel better knowing that at least part of it is okay. We don't really have a payment arrangement. I just figured we'd pay the attorney when we go there tomorrow. We don't have a retainer letter.

JoAnna914 · July 2011

704bride:

I tried replying to this before - not sure what happened. Anyway, thanks for the non-legal advice. ) I feel better knowing that at least part of it is okay. We don't really have a payment arrangement. I just figured we'd pay the attorney when we go there tomorrow. We don't have a retainer letter.

If you haven't paid them anything, then I don't think there is a ton of risk in firing them (which is your right), other than them taking you to small claims court or sending you to collections, which would be idiotic on their part for such shoddy work. I assume that they weren't going to charge you a ton for this work (and if they were, shame on them for doing such a horrid job!)

I can tell you what happened to me once before I was a lawyer: the closing attorney for my home did such a horrendous job that I decided not to pay him. He sued me - yes, sued me. I defended myself in small claims court, which I won, AND I sent a letter to the state ethics board about his incompetence. Long story short - the attorney has not one, but two red flags with the state ethics committee, and faces serious sanctions if he gets any more complaints, all as a direct result of my complaint. It's kind of an unwritten rule of thumb for attorneys (at least in my neck of the woods) that you generally don't sue your clients in situations like this because it's usually a waste of time and it carries its own risks.

704bride · July 2011

I ended up correcting the mistakes with "track changes" on in Word and e-mailed the files back to them. When we went there today, the attorney asked if I was an English major. I think they were surprised to hear that I'm a kindergarten teacher. He said that no one has ever caught the mistakes that I did. I said that I've always had a knack for proofreading, but it's "scary" that no one else caught them before (hint-hint - including them!). I think everything turned out fine, but I don't see myself recommending him and won't be using him again for anything.

JoAnna914 · July 2011

704bride:
I ended up correcting the mistakes with "track changes" on in Word and e-mailed the files back to them. When we went there today, the attorney asked if I was an English major. I think they were surprised to hear that I'm a kindergarten teacher. He said that no one has ever caught the mistakes that I did. I said that I've always had a knack for proofreading, but it's "scary" that no one else caught them before (hint-hint - including them!). I think everything turned out fine, but I don't see myself recommending him and won't be using him again for anything.

I can't do smileys from my computer, but if I could, it would look something like this: :-0

His comments are, to me as an attorney, jaw dropping. Maybe it's just the way I've been trained, but the typos you caught would be completely unacceptable at my firm. At this point, the forms he used are probably ok for your purposes for the time being, but yeah, if you ever acquire additional assets or have changes that require an update in your will, move on and find another lawyer. I really, really hope you didn't get charged a lot!

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Typos/mistakes in will - how do I handle this? (NBR)

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