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Why DIY Estate Planning Is A Bad Idea For The People You Love

Posted by Jason Johnson | Jun 15, 2023

America is a nation of do-it-yourselfers, but building a deck and creating a legally valid estate plan are two entirely different things — and a less-than-perfect deck won't devastate your family's financial future or the relationships among the people you care about most.

The prevalence of online legal services has led many people to believe that they can create legal documents cheaply and those documents will be just as effective as if they had visited an estate planning attorney. And this is why that is wrong:

NO LEGAL ADVICE

These sites are little more than document mills that churn out the same generic forms over and over. They are not attorneys and cannot advise or warn you if you make a mistake. Plus, who will be there for your family when something happens to you if you've used an online document drafting service?

Think your family doesn't need an advisor to support them when you are gone? Think again.

Consider this: Erica's father was killed in a motorcycle accident. Dad didn't leave much behind, but he did leave an estate plan prepared by a trusted family attorney. Had the family attorney not been there for Erica and her brother, they would have taken what dad did leave and drowned their sorrows in a European backpacking trip. Thanks to this family attorney, though, Erica and her brother now have a healthy trust fund set up for them for life with the proceeds of a successful wrongful death case.

Leaving it to your family to know what to do after you're gone is a big mistake for the people you love.

ONE SIZE DOESN'T FIT ALL 

Your family is different from everyone else's family. Just like every state has different inheritance laws, every family has different situations. An online form will not help you protect a special needs child or relative, or protect a child's inheritance from creditors or a nasty divorce. An online form cannot tell you how to protect assets from taxes or help you achieve your goals.

And, an online form cannot keep your family out of conflict during a time of grief. Even if you don't have a lot of assets you are leaving behind, whatever you do have will be subject to distribution between the people you care most about. Some of the biggest disagreements we've seen after death aren't about loads of money, but about the little things, and those little things aren't going to be dealt with well with form documents.

SAVE NOW, PAY LATER 

You may think you are saving money by using an online service to create your will or trust, but it is impossible to make a fair comparison since the services provided are entirely different.

An estate planning attorney creates an entire plan tailored to your individual needs in a legal document that will stand up in court and advises you on ways to cut taxes and save for retirement and long-term care. No online service does that. In addition, your trusted advisor is going to be there for your family when you cannot be. The people you love will need someone to turn to after you are gone. Do you want them to be stuck with figuring out who that should be during their time of grief? Or do you want to leave behind the gift of having taken care of things well during your lifetime and a trusted advisor to hold their hand when you no longer can?

This article is a service of Jason C. Johnson, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. 

About the Author

Jason Johnson

Principal Attorney Jason C. Johnson received his Juris Doctor, with honors, from the University of Maryland School of Law and was admitted to practice law in Maryland in 2005. Jason started the practice in Annapolis after many years of law enforcement service. He was motivated to limit the pract...

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