Creating a will is crucial to ensure your wishes are honored and loved ones cared for after passing. While online DIY wills and fill-in-the-blank templates may seem convenient and affordable, they often need a more personalized touch and an attorney’s review to be legally sound. Working with an experienced estate planning attorney can save you complications and unexpected costs in the long run.
What Is an Online “Fill-in-the-Blank” Will Service?
Online will services offer a streamlined process for creating a will. Users follow a series of guided prompts, answering questions and filling in fields to generate a bare-boned will. These platforms are often marketed as affordable, fast, and user-friendly, appealing to those who want to make their will quickly and cheaply.
So, what’s the drawback of using these services? Here are a few areas where DIY will fall short:
- Legal Validity and Compliance. Colorado law requires a will to be considered valid, including proper execution and witnessing. DIY wills often fail to meet these standards, sometimes invalidating the will. When you draft a will with an estate planning attorney, alternatively, you ensure that it complies with all Colorado legal requirements, thereby upholding its validity.
- Unintended Ambiguities. Without legal expertise, the language used in self-drafted wills might be vague or open to misinterpretation. Ambiguous language in wills can lead to disputes among beneficiaries and potentially costly legal battles. An attorney can draft clear, unambiguous language that accurately reflects your intentions. They can also recommend strategies for protecting your home and other assets.
- Updates and Amendments: Changes in life circumstances require updates to estate planning documents. A self-drafted will might need to be amended, leading to outdated or conflicting directives. Legal guidance ensures your will is updated and amended correctly.
- Complex Estate Needs: DIY wills may need to cover all necessary aspects for those with complex estates, leading to potential disputes. An estate planning attorney can tailor your will to address your unique estate, covering all the required details.
What Does Working with an Estate Planning Attorney Involve?
When you choose to work with an estate planning attorney, you receive individualized guidance tailored to your unique circumstances. This process begins with an in-depth consultation where the attorney learns about your family situation, financial assets, and specific goals. At The Germany Law Firm, one of our staff members will walk through our estate planning questionnaire with you and your spouse if you have one. We will then craft a customized plan to protect your wishes and assets. Once the documents are ready, we will review them together, make any last changes, and sign and notarize your will and other documents (see our estate planning page for more information).
Benefits of working with an attorney include:
- Ensuring the will is valid. An estate planning attorney will ensure your will is valid and properly executed. They will follow the proper steps to notarize and finalize your will, and they will offer you multiple ways to distribute copies to your beneficiaries.
- Customization: An attorney designs a plan that fits your unique needs and life circumstances, such as blended families, business interests, and charitable bequests.
- Legal expertise: Attorneys ensure that your will complies with state laws, reducing the risk of complications later.
- Comprehensive planning: Besides a simple will, attorneys can help with trusts, powers of attorney, healthcare directives, and other critical estate planning tools.
Key Differences Between Online Wills and Attorney-Prepared Wills
Personalization and Complexity
Online forms are designed to address everyday situations and may work for people with straightforward needs. However, they lack the flexibility to account for complex or unique family dynamics and exceptional circumstances. An estate planning attorney can address issues such as:
- Providing for minor children and naming guardians.
- Blended family considerations.
- Complex asset structures, like business ownership or international assets.
- Customized trusts to protect beneficiaries with special needs or spending challenges.
- Providing for pets.
Legal Compliance and Updates
Estate laws can change frequently. What is valid and enforceable today may hold up for a while. Online platforms may need to catch up with every local legal change. An estate planning attorney stays informed of legislative updates and can ensure your will remains valid. Additionally, attorneys can appropriately amend your documents as your life situation changes.
Potential for Errors
DIY wills risk errors, omissions, or ambiguities that could lead to disputes among family members. Simple mistakes, like unclear language or forgotten signatures, may invalidate a will or lead to unintended outcomes. Working with an attorney minimizes these risks by providing expert oversight and a thorough review process.
Comprehensive Planning
A will is one piece of an overall estate plan. Attorneys offer comprehensive solutions, including powers of attorney, living trusts, and more. These components help you manage your affairs if you become incapacitated and can simplify the estate administration process for your heirs. Online services only cover part of the spectrum of planning.
Example Scenario of a DIY Will Gone Wrong
There are many examples of DIY wills gone wrong, but here’s a simple example that illustrates why working with an estate planning attorney is crucial.
Jill needs a will but doesn’t want to spend money or speak with an attorney. Her three daughters live out of town, and she also has a nephew, Bob, who helps her around the house.
She uses an online do-it-yourself writing service to write her will. The service asks Jill basic questions about her assets and who she wants to inherit her estate. She designated her daughters as heirs of her estate. Bob is already her medical durable power of attorney. She had that document drafted a few years ago when she got sick and had to spend a few weeks in the hospital. After filling out the questionnaire, Jill prints out her new will, signs it and goes on with her life.
Jill is almost 90 years old and has some health issues. Dealing with her home becomes increasingly complex, and she needs someone to help. She also fears that if something happens to her, her out-of-state daughters will be unable to take care of the home. Jill decides to let their nephew, Bob, live with her and act as a caregiver. After a few months of Bob living in the home, Jill decides to directly deed the home to Bob so he can manage the home without trouble.
Jill then passes away, and when her daughters come from out of state to settle their mother’s estate, they realize that the property has been deeded to Bob despite Jill’s designation of the home to her daughters in her DIY will. Unfortunately, Jill’s DIY will service never asked her detailed questions about any caregivers or deeds, past or present. Plus, the house was transferred after the will was written, and Jill did not have legal counsel to advise her on how the deed transfer would impact her estate plan.
Jill’s daughters are forced to go through a lengthy probate battle for the home and come up unsuccessful. They lose the house and are not on speaking terms with their cousin, Bob, who they feel took advantage of their mother.
Unfortunately, these situations happen all the time. The good news is this doesn’t have to be the scenario you face. Working with an experienced estate planning attorney ensures your wishes align with your estate planning documents and that your family is protected after your passing.
Cost Considerations and the True Value of Working with a Professional
Cost is often cited as a primary reason people choose online services. However, it’s essential to look beyond the initial cost and consider the value of long-term protection. While an online will might seem inexpensive initially, it could cost your loved ones far more in legal fees and stress if it is unclear, invalid, or leads to disputes. By contrast, an attorney-prepared estate plan offers peace of mind, ensuring that your wishes are carried out and your loved ones are spared unnecessary complications.
Conclusion
Creating a will is a significant decision that impacts those you care about most. While online “fill-in-the-blank” will services may offer convenience, they often fall short regarding personalization, legal compliance, and comprehensive planning. Working with an experienced estate planning attorney ensures your unique needs are met, your assets are protected, and your loved ones are provided for according to your wishes.
Please contact us if you have any questions about the estate planning process or want to start drafting a will. A team member would be happy to assist you.
