Trusts and the Art of Old Window Repair

I live in an old house, a very old house.  Built in 1773, the Evelyn Blakeslee house has survived floods, hurricanes, wars and even disco.  Imagine what kind of damage a 2 year-old boy and an ill placed ladder can do to this old house.    Early Saturday morning, there was a near simultaneous crash and smash as my little trouble-maker tipped the ladder into a window that was original to the house. That’s right, my little guy did what time and wars and mother nature (and disco) could not do- he smashed the heck out of that window.  It’s not like you can just go down to the hardware store and order up a “new” 237 year old window- I was going to have to fix this one myself.  

To fix a broken pane in an antique window is quite a process.  First, remove the window sash from frame and then remove the broken glass, debris and ancient glazing from the sash and muntin bar (windowpane divider).  Next, apply boiled linseed oil to dividers and wait.  While you’re waiting for the linseed oil to dry, begin to cut new a piece of glass (from an old piece of antique glass-which presents its own challenges).  After the glass is cut and is correctly sized apply a bead of glazing to the inside of the divider and place glass in.  Then, secure glass with glazers points and then apply ½ inch thick “rope” of glazing to the front of the glass.  Next, smooth out the glazing with a putty knife and wait and wait.   At this point you may want to take a trip to the library and get a long book.  After a few weeks the glazing should have skinned over, then and only then can you paint it with an oil based exterior paint and reinstall the window sash, unless it’s the beginning of summer and the window frame has swelled from the humidity (then wait until fall to re-install).

So what the heck does fixing an old window have to do with estate planning?  In a lot a ways fixing that old window has everything to do with estate planning.  I fixed the window because it was worth fixing.  If it was not worth fixing-I would have purchased a new window.  The same goes for estate plans.  Often, I meet with clients who have had a trust written by another law firm.  Unsatisfied with the trust for one reason or another, the clients hope I will be able to fix their trust.  Sometimes, when I am reviewing the trust it becomes readily apparent that there is no simple fix.  Many times it is impossible to simply fix the trust by adding an amendment or by removing the broken parts.  Often, the trusts are just not worth fixing.  It is never an easy conversation when I have to tell people that something that they spent a lot of money on needs so much work that “patching” it up is not an option.  Sometimes, we needed to start over again from scratch and build a new trust. 

Do you know if you estate planning documents are broken?  Are they like that ancient window- are they worth fixing?  If you’re in doubt about your documents (or your windows) seek out a professional who can evaluate whether or not your documents need to be repaired or totally rebuilt.