While it might seem tempting to save money by creating your own will using online templates or DIY kits, it is very risky. There are specific legalities necessary to create a valid will that can be admitted to probate. Here are some problems with DIY or online wills:
1. Invalidity
Improper Execution: Wills have specific legal requirements for execution, including witnessing and signing. A minor error in following these formalities can render the entire will invalid, leading to intestacy (dying without a valid will), and your assets being distributed according to your state’s intestacy laws, which may not align with your wishes.
Ambiguity and Vagueness: DIY wills often lack the precision and clarity needed to avoid disputes. Unclear language can lead to misunderstandings and costly legal battles among beneficiaries.
Lack of Legal Knowledge: State laws vary regarding wills. Online will making websites may not provide a legal will which will be valid. Without legal expertise, you may unknowingly create a will that does not comply with your state’s requirements or that inadvertently disinherits someone you intended to benefit.
2. Unintended Consequences:
Disinheritance Issues: Incorrectly disinheriting a spouse or child can result in legal challenges from those individuals. An attorney can help you navigate the complexities of disinheritance while minimizing the risk of litigation.
Tax Implications: Failing to consider estate tax implications can result in unnecessary tax burdens on your heirs. An attorney can help you structure your will to minimize these taxes.
Guardianship and Conservatorship: If you have minor children, your will needs to clearly specify guardianship arrangements. An improperly drafted will can lead to lengthy and costly court battles related to custody.
Trusts and Complex Assets: DIY wills are ill-equipped to handle complex assets like trusts, businesses, or real estate in multiple states. An attorney can ensure these assets are properly distributed.
3. Administrative Challenges:
Delayed Probate: Errors in your DIY will can significantly delay the probate process, increasing costs and prolonging the emotional distress on your loved ones.
Increased Costs: While you might save money upfront, errors in your will can lead to far greater expenses later in the form of legal fees to resolve disputes or correct mistakes.
4. Lack of Personalization:
Specific Needs: A DIY will is a generic t
template and doesn’t account for your unique family circumstances, blended families, or specific wishes regarding your assets.
Changing Circumstances: Life changes – marriage, divorce, birth of children – can significantly impact the validity and effectiveness of your will. An attorney can help you update your will as your life changes.
In summary: While the initial cost of hiring an attorney might seem high, the potential financial and emotional costs of a poorly drafted DIY will far outweigh the savings. A lawyer ensures your wishes are legally protected, minimizing the risks of disputes, invalidity, and unnecessary costs for your heirs. The peace of mind knowing your affairs are handled correctly is invaluable.
Law Office of Laura Vale, PLLC
9901 IH-10 W., Ste. 800
San Antonio, Texas 78230
(210) 866-3221
laura@valelawoffice.com
