Ever since October 1st, government offices have been experiencing a shutdown. Even though this is apparently unrelated to estate planning, the truth is that there are some aspects of this legal process that will delay. These are some of them.
What is a government shutdown
A government shutdown occurs when the United States Congress fails to pass essential funding bills before the federal fiscal year begins on October 1. This action forces many federal agencies to halt work and only keep essential (or excepted) services, which in turn affects state and local offices.
What stops
Since the shutdown also integrates the Internal Revenue Service (IRS), the execution and verification of state planning is on hold. This means that some requests like filing Form 706 or obtaining an EIN will experience delays, as the IRS is currently just operating with only basic activities per their contingency plan. This also applies to other government agencies and local U.S. Federal Judiciary offices, which might have different contingency plans.
What continues
In any government shutdown, the work with attorneys and notaries continues as usual. However, keep in mind that there might be delays in deadlines and some legal processes like hearings for estate disputes, probate petitions, trust litigation and access to public records might face disruption. For instance, at the National Archives, only the Federal Records Center and a handful of other institutions remain operational.
What to do in the meantime
If you are in the middle of an estate planning process, you can still progress with the help of an attorney, even if Washington grinds down to a halt. Together, you can design a strategy that can benefit your best interests in the meantime.