Your will needs the advice of an attorney. It is possible to buy a Will form on-line and complete it on your own, without the help of an attorney. However, there are just so many things that can go wrong, from the wording of the document, to the required formalities of how it must be signed and witnessed before it can be valid. In spite of your best efforts, you may end up with a document that is no more effective than a notarized grocery list. Writing your own Will can be like pulling your own tooth with a pair of pliers rather than going to the dentist.

Most people that opt to prepare their own Will do so because they want to save money and don’t want to have to pay an attorney.  But, when mistakes are made, it is possible for their heirs and beneficiaries to spend thousands of dollars on court costs and attorney fees contesting a Will.  Even if no one contests your Will, the Court still has to follow the letter of the law. Many courts will not accept a Will if the Will is not properly executed (with the proper notarization and number of witnesses). Courts will also reject Will provisions that do not make sense. Even uncontested Wills can remain in expensive probate limbo.

Here are a few areas where things can go drastically wrong and where the advice of an attorney can be helpful:

1. Picking the right person as your Executor or Personal Representative.

2.  Putting conditions on a beneficiary’s right to receive inheritance.

3. Designating unusual end-of-life decisions.

4. Designating guardians for children.

5.  Coordinating beneficiary designations and your Will.

6. Dealing with blended families.

Even if your situation seems not that complicated, you can easily screw up filling out the forms.  I know of one situation where a Will left $200,000 to “{Insert name here}” rather than the intended beneficiary.  Also an attorney can flag issues that might be unique to your situation, such as providing for a disabled beneficiary or addressing long term care issues and Medicaid planning. Sometimes a trust will be the preferred method for managing an estate and avoiding probate.

On-line providers acknowledge that their services are “not a substitute for legal advice” and will often recommend that you consult your attorney before considering using their services.  For the cost of a few hours of attorney time, you can get an expertly drafted Will and legal advice, saving your heirs and beneficiaries confusion, time, and money.

Article Provided by:
Kathy Belcher
McGinty & Belcher Attorneys
503-371-9636
www.Mcginty-Belcher.com

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