Articles from Mair Law Offices

Do-It-Yourself providers have emerged in many fields, including online legal documents for estate planning. These services claim they provide legal documents that are alleged to be the same as professionally prepared documents at a lower cost. Like many tools used for home improvement DIY projects, these documents should be used with caution.

If you are attempting to replace proper professional legal advice with a DIY online document, you should understand the potential unwanted consequences of your actions. Estate planning can be complex requiring expertise. Use of an online estate plan may provide you with a false sense of security. You may think you have properly drafted documents, but you may have created issues that need to be untangled after your death during an already emotional time for your family.

There may be limited instances where DIY estate planning is appropriate. For example, a single person with modest assets that has no living children may consider DIY since there would be little impact if mistakes are made. However, if you have even slightly more complicated circumstances, especially if you have children, using DIY estate planning documents can have a lasting impact on the people you are trying to protect. There are plenty of examples of homemade estate planning gone wrong, only discovered after it is too late to fix.

An experienced attorney can provide the technical expertise needed as well as counseling on difficult decisions which may not be properly considered if online documents are used. Choosing the proper guardians for minor children, when to put your assets in a trust for your children (even if they are grown), proper tax planning and clearly stating disposition of your assets are just a few examples.

Don’t assume that the savings of using an online DIY estate plan is that great. The cost of just one online document may seem great, but be sure to consider the cost of documents for a husband and wife that includes two wills, two health care proxies, two durable powers of attorney and possibly one or more trusts. Then consider the potential for making drafting, planning and execution errors and using an attorney rather than online documents makes a lot more sense and will likely save your family money in the long run.

Retaining a qualified attorney can help make the estate planning process go smoothly. If you’re interested in reading about other legal or other estate planning topics or have questions that you can’t find answers to just let me know! You’re also invited to schedule a free consultation. You can also email glen@gmairlaw.com or call 508.250.0797. www.gmairlaw.com

This article is intended to inform you of developments in the law and to provide information of general interest. It is not intended to constitute legal advice regarding a client’s specific legal issues and should not be relied upon as such. This article may be considered advertising under the rules of the Massachusetts Supreme Judicial Court.