Attorney v. DIY: Estate Plans
At one time or another, we have all had the spontaneous urge to begin a “do-it-yourself” project. These projects can be as simple as building a planter for a small backyard garden, or as complicated as renovating a kitchen. There are compelling reasons why many have opted to take matters into their own hands, trusting the guidance of websites or online videos in lieu of consulting a professional. This DIY mentality may work for many different projects. However, there are many circumstances where the expertise of a professional is necessary for success. Estate planning is the perfect example of a situation where a professional’s input is imperative to avoid problems down the road.
Over the past several years, a variety of different “DIY” websites have emerged, marketing legal documents for a lower price. As the saying goes, “you get what you pay for”. These sites were designed to provide tools to assist in the creation of the legal documents. These documents are usually computer generated documents that may include some of the staple wording and phrasing of original attorney-prepared documents. While many legal professionals highly discourage taking legal matters, such as your estate plan, into your own hands without professional guidance, this advice is not always heeded. Whatever a person’s reason for exploring the “DIY” option, consider the following information before you endeavor to create an estate plan for you and your family without consulting a professional.
Legitimacy and Legality
Some of the most popular DIY websites use discounted pricing as a means to promote themselves and encourage clients to use their services. For example, one of the top DIY sites advertises $79.00 for a “simple will,” resulting in an increased national interest in estate planning. The rise in popularity of these websites has caused many to question whether they operating legally and ethically. The top DIY legal document platform has faced lawsuits in three separate states for violating their respective Unauthorized Practice of Law statutes. With these questions still up in the air, many in the legal field have expressed concern regarding the use of DIY sites for estate plans and the risks and dangers associated. One of the most concerning dangers is that clients seeking assistance through these sites are lulled into a false sense of security.
How can a “DIY” site help me?
Although many in the legal field strongly discourage DIY sites, you are ultimately responsible for making the choices best suited to your needs and circumstances. For extremely simple wills with no complex property, family, or money issues, these DIY options may be a more cost-effective alternative. To circle back to our quote from the beginning of this, “you get what you pay for”. While these cheaper alternatives may save you money on the front end, one small mistake could end up costing you or your loved ones many years from now. Should there be an error that renders your estate plan null and void, your family may have to endure a potentially lengthy and expensive court process to gain access to your assets. Experienced estate planning attorneys know the ins and outs of estate planning and probate. They can help tailor an estate plan that will work best with their client’s assets while taking the necessary steps to avoid additional processes in the future.
Benefits of Hiring an Attorney to Help Plan for Your Estate
Experienced attorneys can help guide you in the direction of the documents that best fit your estate size, assets, and specific wishes. There is no “one size fits all” plan when it comes to estate planning. These same professionals may even be able to assist you in avoiding probate altogether. Read more about avoiding probate in our blog, Layman's Guide to Probate Avoidance
Your attorney can play a critical role should your estate become tied up in litigation. When a family is divided and the court must get involved, your attorney may be called to provide additional information and clarity regarding your wishes.
Other benefits include, but are not limited to: tax questions relating to your estate, guardianships, planning for incapacity, and preparing to assist with distribution of your estate.
The process of creating an estate plan can seem overwhelming: it can be difficult to think about how to plan for one’s death or incapacity. Taking the necessary step to plan for the future is just as important as who you choose to help navigate that process with you. Regardless of your situation or circumstance, it is so important to do your research and make an informed decision. Consulting with a professional will help you make the best decision for you and your family.
If you need help with creating an estate plan, updating an outdated estate plan, or if you have no idea where to start, our dedicated and experienced staff is ready to help you. For your FREE estate planning consultation, please give Plainview Legal Group a call at 405-310-0183.
Clarity When You Need It