In this day and age, it can be tempting to use technology to bypass legal advice. Many individuals, for example, tell us that they have considered creating a “DIY will” online instead of consulting a Houston estate planning attorney to undergo the process. Is this a good idea? At McCulloch & Miller, we always offer the following advice: a DIY will works…until it doesn’t work.
What is a DIY Will?
A DIY will is a “do it yourself” will or estate planning document that you can draw up online. Many online tools will have you input your basic information and then proceed to provide you with a will. DIY wills can also take the form of handwritten or typed estate planning documents that you write without consulting an attorney. Many people, for example, remember reading in the news about Aretha Franklin’s infamous handwritten will that her family members found in her couch after her passing.
What are the Possible Issues?
At our firm, we see three main issues that pop up with DIY wills. First: the will might not actually be valid. In order for a probate court to approve the will and allow beneficiaries to inherit a decedent’s assets, the will must be executed properly, self-proving, and written down. Many DIY wills do not meet these basic elements.
Next: the will might not actually reflect the decedent’s wishes. Many DIY wills fail to account for possible nuances or complications in a person’s estate plan. Without including specific, thorough instructions, the DIY will might fail to account for its drafter’s preferences.
Finally: the will might be difficult to probate. Oftentimes, DIY wills can struggle to get approval from a probate court. If the will is handwritten, for example, it might require witnesses to testify regarding the decedent’s handwriting. If the decedent wrote the will toward the end of his or her life without an attorney, loved ones might question whether the person had full mental capacity when making important decisions about their assets.
In summation, while a DIY will can work out fine, there are serious risks involved, and the stakes are high. In order to avoid getting caught up in the pains involved with a DIY will, contact a Houston estate planning attorney that you can trust today.
Have You Called McCulloch & Miller for Your Estate Planning Needs?
At McCulloch & Miller, we are a team of Houston estate planning attorneys with decades of experience in helping our clients set up their estate plans for success. We offer expert legal services, but beyond that, we offer peace of mind for clients and their loved ones as they navigate a foreign process. If you have not reached out to seek help with your estate planning process, know that we are ready, willing, and able to help you as you prepare to take the next step.
To set up a consultation with a Houston estate planning attorney from our firm, call us today at 713-597-7176. You can also fill out our online form, and an attorney will reach out to talk with you about the details of your case.