DIY Online Wills vs. Estate Planning Attorneys: How To Choose

When you search online for information about making a will, you see ads and offers for do-it-yourself templates. Websites suggest that you can create a simple will quickly and cheaply. But before buying in, make sure you understand the limits and risks of using online services to make a legal document. You may find that you need a qualified estate planning attorney to review your will and ensure everything is legally valid.

Estate laws vary by state, and a one-size-fits-all template may not be valid where you live or provide for your specific needs. Get more information about your state laws for making a valid will. For tailored information about your estate planning options, talk to a local estate planning attorney.

What Estate Planning Documents Do You Need?

An estate plan involves making decisions now about what you want to happen when you pass away. It can provide for your loved ones after you are no longer around by providing income, assets, and property to your beneficiaries.

Estate planning begins with a last will and testament, which outlines your final wishes. A will says who gets what and what you want to happen to your assets and property after you die.

A trust is a more specialized estate planning tool that can determine how your property is used while you’re still living. For many people, a revocable living trust is the second-most-important estate-planning device. You can make changes to a revocable trust throughout your life and use your real estate and assets for your own benefit.

After you pass away, trust assets pass automatically to your beneficiaries without the costs and delays of going through probate. A trust is also a private document that does not have to become part of the public record.

Special needs trusts and irrevocable trusts are more specialized estate planning options. For these types of documents and other estate plans, you should talk to an attorney for more information.

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End-of-Life Estate Planning

A comprehensive estate plan also provides for what may happen if you become incapacitated and unable to communicate your wishes. These types of estate planning documents include:

• Durable power of attorney. Appoints someone to handle your affairs when you cannot communicate because of an illness or medical condition.
• Advance healthcare directive/living will. Indicates your end-of-life healthcare decisions in advance, in case you can no longer communicate those decisions.
• Medical power of attorney. Provides for someone to act as your healthcare proxy to make medical decisions on your behalf.
• Financial power of attorney. Appoints someone to manage your financial affairs.

Can You Get an Online Will?

A will is a relatively simple estate planning document, but you must satisfy your state’s legal requirements to make it valid. In most states, the legal requirements for a valid will include:

1. Being of sound mind
2. Signing the document before two disinterested witnesses
3. The witnesses testifying to the will signing

In some states, having a notary public affirm the will makes it self-proving, meaning the witnesses do not have to testify to its authenticity. Some states also recognize holographic wills, which are written in the testator’s own handwriting. However, holographic wills are more vulnerable to legal challenges.

Online plans generally take your contact information, state of residence, and basic testamentary information. For example, the template will ask who you want to serve as your executor, who your named beneficiaries are, and who your alternative beneficiaries are.

Your beneficiaries can include family members, friends, relatives, and charitable organizations. The online form will then produce a document that you still need to sign and have witnessed.  

Limits to Using an Online DIY Will Maker

A DIY online will may be all you need if you have a simple estate. Online services may not cost more than $200. However, you should understand the limitations of drafting a will without getting legal advice.

Most importantly, there’s the risk of failing to meet your state’s legal requirements for a valid will. State laws vary greatly when it comes to estate law, including who can witness a will and what you can include in your will.

If your will is not valid, the probate court will distribute your property according to state intestacy laws. Intestacy passes your property to your relatives, generally starting with your spouse, then children, then parents, and so on. If the probate court cannot identify any qualifying relatives, your property goes to the state.

An online will may work if you have one or two beneficiaries and a simple estate. However, you may need an attorney if you have a more complex family situation or a large estate. Complex estate plans can involve multiple properties, have a blended family, own business assets, or have specific wishes for what happens after you pass away.

Benefits of an Estate Planning Lawyer

The benefit of using an estate planning attorney is that you get an estate plan tailored to your unique needs.

An estate planning lawyer can listen to your wishes, explain your legal options, and raise issues or blind spots you may not have considered. You can also draft a will yourself and have a lawyer review it for legal adequacy.

Is an Online Estate Plan Less Expensive?

Many people seek out online estate planning tools because they are less expensive. However, hiring an attorney may be less expensive than you think.

Many attorneys offer free initial consultations, during which you can get a better idea of the costs of a professionally prepared estate plan. Ask the attorney about their legal fees and if there are ways to save money while benefiting from expert legal guidance.

In some cases, hiring an attorney can save you money. For example, an attorney can help you avoid probate litigation if someone contests the will. They can also explain tax planning options for your estate, helping your family avoid a costly estate tax bill after you pass away.

Getting Legal Advice From an Estate Planning Lawyer

If you’re not sure whether a DIY estate plan will be enough, get more information from an experienced lawyer. For more information about choosing an online will or using an attorney, talk to an experienced estate planning attorney.