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Buyer Beware – DIY Estate Planning

On Behalf of | Nov 11, 2019 | Compassionate Estate Planning, Firm News

Do a Google search for “online estate planning documents,” and you’ll find dozens of different websites. From Legal Zoom® and Willing.com to Rocket Lawyer® and Willandtrust.com, these do-it-yourself (DIY) planning services might seem like an enticing bargain.

The sites let you complete and print out just about any kind of planning document you can think of—wills, trusts, healthcare directives, and powers of attorney—in just a matter of minutes. And the documents are typically quite inexpensive, with many sites offering simple wills for $50 or less.

At first glance, such DIY planning documents might appear to be a quick and inexpensive way to finally cross estate planning off your life’s lengthy to-do list. You know that planning for your death and potential incapacity is important, but you just never seem to have time to take care of it.

And even if you realize your DIY plan won’t be as good as those prepared by a lawyer, at least it can serve as a temporary solution until you can find time to meet with an attorney to upgrade. These forms may not be perfect, you reason, but at least they’re better than having no plan at all.

However, relying on DIY planning documents can be worse than having no plan at all—and here’s why:

An inconvenient truth

Creating a plan using online services can give you a false sense of security—you think you’ve got planning covered when you most certainly do not. DIY plans may even lead you to believe that you no longer need to worry about estate planning, causing you to put it off until it’s too late.

In this way, relying on DIY planning documents is one of the most dangerous choices you can make. In the end, such generic forms could end up costing your family even more money and heartache than if you’d never gotten around to doing any planning at all.

At least, with no plan at all, planning would likely remain at the front of your mind, where it rightfully belongs until you’ve handled it properly.

Planning to fail

Many people don’t realize that estate planning entails much more than just filling out legal forms. Without a thorough understanding of how the legal process works upon your death or incapacity, you’ll likely make serious mistakes when creating a DIY plan. Even worse, nobody will discover these mistakes until it’s too late—and your loved ones whom you were trying to protect will be the ones forced to clean up your mess.

The whole purpose of estate planning is to keep your family out of court and out of a conflict in the event of your death or incapacity. Yet, as cheap online estate planning services become more and more popular, millions of people are learning—or will soon learn—that taking the DIY route can not only fail to achieve this purpose, it can make the court cases and family conflicts far worse and more costly.

One size does not fit all

Online planning documents may appear to save you time and money, but keep in mind, just because you created “legal” documents doesn’t mean they will work when you need them. Indeed, if you read the fine print of most DIY planning websites, you’ll find numerous disclaimers pointing out that their documents are “no substitute” for the advice of a lawyer. Just read the first two sentences of this disclaimer.

Some disclaimers warn that these documents are not even guaranteed to be “correct, complete, or up to date.” These facts should be huge red flags, but it’s just one part of the problem.

Even if the forms are 100% correct and up to date, there are still many potential pitfalls that can cause the documents not to work as intended—or fail all together. And without an attorney to advise you, you won’t have any idea of the pitfalls for which you should watch out.

Estate planning is not a one-size-fits-all kind of deal. Even if you think your situation is simple, that turns out to rarely be the case. To demonstrate just how complicated the planning process can be, here are four common complications you’re likely to encounter with DIY plans.

1. Improper execution

To be considered legally valid, you must execute, i.e., sign and witness or notarize, some planning documents following stringent legal procedures. For example, many states require that you and every witness to your will must sign it in the presence of one another. If your DIY will doesn’t mention that (or you don’t read the fine print) and you fail to follow this procedure, the document can be worthless.

2. Not adhering to state law

State laws are also very specific about who can serve in certain roles like a trustee, an executor, or a financial power of attorney. In some states, for instance, the executor of your will must either be a family member or an in-law and if not, the person must live in your state. If your chosen executor doesn’t meet those requirements, he or she cannot serve.

3. Unforeseen conflict

Family dynamics are—to put it lightly—complex. It can be particularly true for blended families, where spouses have children from previous relationships. A DIY service cannot help you consider all the potential areas where conflict might arise among your family members and help you plan ahead of time to avoid it. When done right, the estate planning process is a huge opportunity to build new connections within your family, and we’re specifically trained to help you with that. In fact, that’s our special sauce.

We’ve all seen the impact of families ripped apart due to poor planning. Yet, every day, we see families brought closer together as a result of handling these matters the right way. We want that for your family.

4. Thinking a will is enough

Lots of people believe that creating a will is sufficient to handle all of their planning needs. But this is rarely the case. A will, for example, does nothing in the event of your incapacity, for which you would also need a healthcare directive or a living will and a durable financial power of attorney.

Furthermore, because a will requires probate, it does nothing to keep your loved ones out of court upon your death. And if you have minor children, relying on a will alone could leave your kids vulnerable to being taken out of your home and into the care of strangers.

Don’t do it yourself

Given all these potential dangers, DIY estate plans are a disaster waiting to happen. And as we’ll see next week, perhaps the worst consequence of trying to handle estate planning on your own is the potentially tragic impact it can have on the people you love most of all—your children.

Next week, we’ll continue with part two in this series on the hidden dangers of DIY estate planning.

If you’ve yet to create a plan, have DIY documents about which you aren’t sure, or have a plan created with another lawyer’s help that hasn’t been reviewed in more than a few years, meet with us as your Personal Family Lawyer®. We can ensure that your plan will work as intended if something should happen to you. Contact us today to learn more.

This article is a service of Ruberg Law, PLLC, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed, empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™. During the session, you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this valuable session at no charge.