DIY wills are becoming more popular as legal services become easier to access online. But before you turn to an online service—or even a cheap lawyer—there are some critical things you need to know.
While these services make legal help more accessible, they can also lead to costly mistakes. While these services make legal help easier to access, they can also result in costly errors. A recent Florida probate case, the Estate of Aldrich, highlights this issue, showing how a DIY will template can lead to unexpected consequences.
Case Study: A Costly Mistake with a DIY Will
In this case, Ms. Aldrich created her will using a template downloaded from E-Z Legal Forms without consulting an estate lawyer. She intended to leave her assets to her sister, and if her sister passed, to her brother. Unfortunately, her sister passed away, and Ms. Aldrich never updated her will.
The assets named in her will went to her brother as intended, but the will lacked a residuary clause, which would have directed where unnamed assets should go. Without this clause, her additional assets passed under Florida’s intestacy laws to her nieces (the children of another sibling), instead of her brother.
This mistake led to a lengthy, expensive court battle between the nieces and Ms. Aldrich’s brother—exactly what Ms. Aldrich likely wanted to avoid.
The Risks of DIY Wills
Online services like E-Z Legal Forms don’t provide personal legal advice or ongoing support. Had Ms. Aldrich worked with an estate lawyer, she could have avoided this costly and emotional situation. Here are some of the key risks of creating your own will without legal guidance:
- Missing crucial clauses like a residuary clause that ensures all assets are covered.
- Not updating the will as life changes occur, such as the death of beneficiaries or the acquisition of new assets.
- Unintended distribution of assets due to misunderstanding of legal requirements.
Why Professional Estate Planning Matters
Working with an estate lawyer ensures that your will is not only legally sound but also reflective of your true wishes. Here are some key reasons why professional estate planning is essential:
Peace of Mind for Your Children
An estate lawyer will help you designate guardians and set up trusts to ensure your children are cared for in the way you want.
Ensure Medical Wishes Are Respected
With a professionally drafted Advance Healthcare Directive, you can clearly state your medical preferences and designate someone to make healthcare decisions on your behalf.
Managing Financial Responsibilities
A durable financial power of attorney ensures that someone you trust manages your financial matters, helping you avoid additional stress during difficult times.
Avoiding Costly Probate with a Trust
A living trust can simplify the transfer of your assets, helping your loved ones avoid a lengthy probate process.
Protect Your Legacy with Trust Counsel
Estate planning isn’t just about who gets what—it’s about keeping your loved ones from dealing with stress, delays, and extra costs. Trust Counsel helps you simplify probate and protect your legacy, ensuring your family can focus on each other during tough times, not on legal battles.
Don’t leave your legacy up to chance. Contact Trust Counsel today to secure your future and protect the ones you love. We’re committed to helping defend executors and secure assets for beneficiaries.
