The Dangers of Do-It-Yourself Estate Planning

Estate planning is a crucial task that ensures your assets are distributed according to your wishes after your death. These days, however, there are a myriad of “DIY” estate planning options, especially online.  While DIY estate planning might seem like a cost-effective and convenient solution, it carries significant risks. Here’s why you should think twice before attempting to handle your estate planning without professional assistance.

Complexity of Estate Laws

Estate planning involves navigating complex state and federal laws, which can vary significantly. Without a thorough understanding of these laws, you risk making errors that could invalidate your plans or lead to unintended consequences.

  • Changing Laws: Estate laws frequently change, and keeping up with these changes is essential to ensure your plan remains valid and effective. DIY plans offer a one-time solution, but do not offer ongoing advice or oversight in your estate plan.
  • State-Specific Requirements: Different states have unique requirements for wills, trusts, and other estate planning documents. Missing even a small detail can cause major issues.

One-Size-Fits-All

When using a DIY estate planning program or website, you fill out a set of pre-determined questions, and the answers you provide are used to fill in a predetermined form. This would be like writing your trust using the old “Mad Libs” games!

  • No Legal Advice: The process of choosing your own answers means there is no legal guidance in answering those questions – if you have any doubts or questions, you don’t have a lawyer to discuss those questions with.
  • Forms Drafted by Computer Programmers: The final document produced was written by a computer program – in other words, a computer programmer, rather than an actual attorney.

Risk of Errors

DIY estate planning increases the likelihood of making mistakes that can jeopardize your entire plan.

  • Improper Document Execution: Legal documents must be executed correctly to be valid. This often includes specific witnessing and notarization requirements.
  • Incomplete Planning: DIY tools may not cover all necessary aspects of a comprehensive estate plan, leading to gaps that could cause problems later.

Unintended Tax Consequences

Estate planning involves tax considerations that require professional knowledge to navigate effectively.

  • Estate Taxes: Proper planning can minimize estate taxes and maximize the inheritance for your beneficiaries.
  • Income Taxes: Certain estate planning decisions can have income tax implications for your heirs. A professional can help you understand and plan for these consequences.
  • Property Taxes: Recent changes in California law have greatly affected Property Tax planning and implications for all homeowners in California.  Consulting with a professional can help avoid landmines and minimize risk of reassessment.

Inadequate Asset Protection

Without professional guidance, your estate plan might not adequately protect your assets from creditors, lawsuits, or other claims.

  • Trusts: Properly structured trusts can provide significant protection for your assets, but setting them up correctly requires expertise.
  • Beneficiary Designations: Ensuring that beneficiary designations on accounts and policies align with your overall estate plan is critical.

Disputes and Litigation

DIY estate plans are more likely to be challenged in court, leading to disputes among your heirs and costly litigation.

  • Ambiguities: Poorly drafted documents can lead to ambiguities that cause disagreements among beneficiaries.
  • Lack of Legal Support: Without an attorney to defend your intentions, your estate plan is more vulnerable to challenges.

Bottom Line – DIY Plans Eventually Go to a Lawyer Anyway

The reality, in our experience, is that DIY estate planning documents usually end up going to an estate planning lawyer anyway. In the best case scenario, that can happen while you’re still alive, so the lawyer can review and properly update or overhaul the documents; in the worst case scenario, that has to happen to resolve conflicts or ambiguities after you’re gone.

  • While You’re Still Alive: There was once a woman who took her DIY documents to an estate planning attorney to ensure things were done correctly.  The attorney quickly discovered that during the DIY process, the woman was asked, “do you have any issue?”  The woman, not aware that “issue” is a legalese word meaning “descendants,” confidently clicked ‘no’ because she didn’t feel like she was having any issues at all!  She therefore accidentally omitted her own children from receiving anything in her estate plan.
  • After Your Death: It is unfortunately all too common for DIY documents to cause undue heartache and strife, and ultimately cost untold thousands and years of wasted time to resolve mistakes.  This can often be orders of magnitude more costly than the supposed “savings” of time and money through DIY estate planning.

The Benefits of Professional Estate Planning

Professional estate planning provides numerous benefits that help you avoid the dangers of DIY approaches.

  • Expert Guidance: An experienced estate planning attorney understands the complexities of the law and can help you navigate them effectively.
  • Customized Plans: Professionals create tailored plans that address your unique needs and goals.
  • Ongoing Support: Estate planning attorneys provide ongoing support to update and adjust your plan as your circumstances change.
Contact Us

Avoid the risks and pitfalls of DIY estate planning. Schedule Time On My Calendar to Learn More About Professional Estate Planning. Let Goodman Estate Law provide you with the expertise and support you need to create a comprehensive and effective estate plan.