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Coming to a law office to sign estate planning documents requires just what it implies—physically signing estate planning documents. What is strange is that with the evolution of technology in society, most people do not sign their name very often anymore. Thus, the “signing” process almost always starts with questions from the clients. They ask things like “do I have to sign my full name?” “Does it have to be legible?” And my personal favorite comes from really young adults, many of whom never learned cursive writing, who ask “is it ok if I print my name?”
Here are some facts and tidbits on signatures for you to review:
A signature can be printed or cursive.
Case law in Ohio says that persons with disabilities can have physical assistance with making their signature—but if this happens there should be witnesses to document that the person receiving assistance asked for the assistance.
You should try to have a consistent signature. Certain places, like voting locations, will require additional steps of identification if the signature on your license does not match the signature they have on file.
I advise all parents to teach their kids to have a signature as they get close to adulthood. Physically signing documents may someday go completely extinct, but that has not happened yet.
It is very rare that you have to sign your full legal name. It is almost always the case (including estate plan documents) that it is necessary that you have signed your signature. It does not have to be a special or unique signature. For example, if you normally do not include your middle name or initial, you do not have to force it into your signature on a legal document.
You can sign your name with a mark such as an “X”. Many states have requirements for people who sign with an “X” or similar mark. Ohio does not. Signing with a mark or symbol is necessary for some persons with disabilities or persons who are illiterate. On the few occasions where I have had a client use a mark or symbol to sign, I always invite an extra witness into the room to document that it is their mark and it is intended to serve as their signature.
Someday, people will talk about the good old days when we used to physically sign things. Pens and pencils will be reduced to props in museums. Until that time — do yourself a favor and have a signature and enjoy the few occasions (like estate planning) where you still get to use it!
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