Some people opt for do-it-yourself, or DIY, solutions in order to save time, money, and resources. While there are DIY legal service providers offering cheaper products than certain individual attorneys and law firms, some of those DIY services have been sued for violating the law.
Most people have no idea what the requirements are for a Will to be legitimate and avoid litigation or hostility among the beneficiaries. Anyone who drafts their own Will must bear in mind that the result of their efforts will occur AFTER their death. At that point, their voice has been forever silenced. If they prepare their Will on their own, it’s likely no one will be able to explain their intentions.
An estate planning lawyer provides more than technical expertise in drafting complicated documents. We have extensive experience in counseling clients in intimate decisions. For example, I’ve helped couples sift through various options in selecting a guardian for their minor children. That decision seems simple, but the ideal guardian candidate may have a less than ideal spouse, lack financial experience, or otherwise be unable or unwilling to serve. Spouses may disagree as to the choice of guardian. They may need advice to understand a guardian’s role. An estate planning lawyer plays an important role in these and many other estate planning discussions.
Even a “simple plan” isn’t that simple. An elderly person with two adult children, a house worth $300,000, and a bank account worth the same, thinks she’ll keep both children happy by dividing things equally. They draft a Will, leave the house to the son and the bank account to the daughter. After that person’s death, the children realize that their parent spent down the bank accounts to pay bills so there’s nothing left for the daughter. Who gets the house? What did the parent want?
People who draft their own Wills run the risk of using words, terms or descriptions that could void aspects of the Will. Different states have different rules. Some are more complicated than others, but the person drafting a Will should know them. For example, New York law creates a presumption that a Will is valid if it was executed under the supervision of an attorney. That alone shows the importance of using an attorney.
Births, Deaths, Marriage, Divorce and Incapacity are all events that may profoundly alter the desired disposition of an estate. Your estate attorney will know best how to deal with these life changing events. For all these reasons, the average person should proceed with caution in using DIY estate planning as a substitute for a proper, professionally drafted plan.