Tuesday, June 16, 2015

Can't I write my own will?

One of the joys of living in 2015 (and counting) is the easy availability of free information on the internet.  Never before have YOU the consumer had such an ability to do-it-yourself.  Options include:

Form-books, LegalZoom, Software programs, as your friendly local lawyers blog!

And for some people these should work just fine.  For instance, if you are married to your first spouse, have a relatively small estate (no tax concerns), and only joint biological typically developing responsible children (that's quite a few adjectives right!) who you want to inherent everything, the forms are likely for you.

Maybe.

And here's the challenge - I wouldn't know without talking through your assets and family situation with you.  (remember the bottom of my website .... "This is my Blog. This is not my Office. If you need legal advise, come to the latter."  )


And for the cost of a few hours of an attorneys time to discuss your situation and advise you on whether you really NEED them to draft your will the attorney could just as easily have it drafted.

Now, that disclaimer aside here are some situations where you probably should not consider going the do-it-yourself route:

  1. You or your spouse have been married more than once.
  2. You or your spouse have children from a previous marriage or outside of wedlock
  3. You have minor children and don't want them to receive a lump sum payment when they turn 18.
  4. You have minor children and don't want their other parent having access to and control of the children's inheritance.
  5. You have desired beneficiaries that are in debt.
  6. You have natural beneficiaries who might fight to get access to part of your estate.
  7. You have desired beneficiaries that are developmentally challenged.
  8. You want to disinherit a child/children.
  9. You don't know 100% that any of the above situations will not be the case at some point in the future.

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