Should I Do my Own Will Online?

All attorneys get this question every now and then: “Do I really need to hire an attorney? Aren’t wills just forms I can get online?”

It is an understandable question. Using an attorney to prepare your estate plan can be costly, but like so many other professional services, such as accounting or financial services, you are hiring a professional for a reason. You want it done correctly. Saving yourself money on the front end can end up costing your family and loved ones much more money in legal fees in the end.

First, most estate documents are very similar in form. However, a good attorney is not going to simply fill out a form and put your name on the signature line. Everyone’s life situation is different, and when it comes to an estate plan, one size certainly does not fit all. Whether you have a unique family situation or have specific wishes with respect to how you want your property divided, an attorney can tailor your estate plan to what you need. If you are in your second marriage and want to make sure you want your children from your first marriage to be adequately covered in your will, an attorney can craft your will to make sure the proper language is in there to accomplish this goal. If you are the parent of a special needs child and want to make sure he or she is properly cared for on into adulthood, you may be hard pressed to prepare this document properly on your own. Regardless of what your life situation is, a blank form on a subscription legal site will not provide you the coverage you think you need.

What happens if you do have a “form will” and your loved ones go to probate it following your passing, only to find out that what you told them you were doing with your estate is not what was stated in the actual hard document. Many of these form sites include a lot of legal-ease in their forms that can be hard for the average person to understand. Signing on the dotted line to a document you do not fully understand can be hard to undo once you are gone. That requires a lengthy court process of disputing the will itself and proving that your intent was not what was included in the will. That process is by no means easy and not guaranteed to end well. Even more importantly, it is not a cheap process.

It is also quite possible that a simple will may not cover all of your needs. For the most part, clients want to avoid probate, but this cannot be accomplished through a will alone. In these situations, I normally recommend a revocable living trust or, at the very minimum, a Ladybird Deed to protect the person’s house from going through probate. If someone is doing all of the work through forms online, that person may not be aware of this fact, but unfortunately, the realization that the document may not cover all of your needs often comes too little, too late.

Most attorneys maintain contact with their estate clients to ensure that their estate plans are relevant to their current life situation. If something needs to be added or deleted, they will ensure that change is made. You may not think to make the needed changes following a divorce and second marriage only to find out later that your ex-spouse was the individual who ends up inheriting your estate. A good estate planning attorney will catch this change and make sure your estate plan accounts for it.

At Sullivan Law, we offer estate planning packages at a flat and reasonable fee. We also offer free consultations to discuss what your needs are, what you would like to do, and how that can be best accomplished. Everyone’s needs are different, and your wishes should be clearly listed and understood.

Call us at 248-917-1351 or email at asullivan@sullivanlawonline.com to schedule your free consultation today. We look forward to working with you!