You’re out and about shopping at one those big-box stores and you see a brightly colored display advertising the latest software for do-it-yourself wills and estate planning. Or maybe you’re online, reading about what a trust is and why you might need one, when a pop-up ad comes onscreen and advertises a cheap, easy-to-use solution…so easy, right? You know that you need to do some sort of estate planning but the thought of attorney fees make you cringe. Unfortunately, going cheap on a DIY solution can be even more frightening for you and your family.
Drafting a will or creating an estate plan isn’t a simple process – there are numerous moving parts, obscure assets, and scenarios to be considered – and this plug-and-play method gives individuals a false sense of security in that they have somehow sufficiently planned for the end of their life and the division of their assets.
So, here’s why hiring an estate planning lawyer is a better choice than DIY software:
Individual consultation
Meeting with an attorney one-on-one will help you eliminate a lot of the common mistakes people make with DIY wills.
Some websites have will-writing software; they also require joining a monthly plan to have a licensed lawyer review whatever you create. That’s fine, but I’d caution this move as most states have different estate laws and there’s no guarantee whoever reviews your will is up-to-date on the latest laws (they change frequently). I still think a better option is to meet personally with someone who gets to know you, talks with you, and points out things that are missing from your will.
Detailed and Customized
When the check engine light in your car comes on, you take it to a mechanic. When your computer starts running slow, you usually call tech support. Every day we seek the opinion and advice of qualified professionals to do things we can’t do ourselves. Why should writing a will be any different?
Over the years, I have heard and read plenty of horror stories with a DIY will:
- the woman who left her fortune to her pet, but not someone to care for the pet (who can’t legally own property or open a bank account)
- the father who didn’t want his drug-addicted son to get a dime but forgot about $400,000 in stock options his son received anyway
- the mother who didn’t specify which of her three children received which heirlooms and, after three years in probate, those items were auctioned off and are no longer in the family
An attorney’s objective is to pay attention to each detail. Your estate planning attorney will also be able to step back and see “the big picture” and help you address issues you haven’t even considered.
Likely Less Expensive than You Think
You might save on a DIY will initially, but it could get expensive for your loved ones after you’re gone if they’re left addressing any issues that arise from an ‘over-the-counter’ generic will. Money does weird things to people when we least expect it: A surviving spouse moves to withhold part of your inheritance from your adult children, a daughter won’t share with a step-brother because he wasn’t named in the original will, or a son sues his stepmother for a larger piece of the estate. Having a thorough, clear-cut will or estate plan eliminates most of those gray areas, and saves family members from the pain of hurt feelings, vindictive actions, and seeing portions of their inheritance go toward legal fees. Additionally, you’re making the decision who gets what when you pass away, not a judge or a mediator.
Utilizing a well experienced estate planning attorney to draft your estate plan will allow you to have one less worry as you begin writing the next chapter of your life.
If you would like to learn more about creating a customized estate plan that fits your needs, give Weldy Law, PLLC a call and schedule a free initial consultation.
The above blog is for informational purposes only and is not legal advice nor does any information or communication with this website create an attorney-client relationship.