A plethora of websites offer online help creating a will, and it seems like it’s a good deal. For a little bit of money, and some time going through a worksheet, a will is created. Unfortunately, it’s all too easy to make mistakes while doing one of these online wills, especially since they are created to handle the general needs of the average person, not every specific individual and what they’ll need.
By doing an online will, it’s possible for family members to end up having to pay a lot more to divide the assets because it is likely the will is going to need to be reviewed in court to handle any complications that arise. This is expensive and it may mean the assets are not split the way the person intended. It is important for those considering DIY estate planning to understand the hidden pitfalls and a better option to make sure their assets are divided the way they want.
The biggest mistake people make when creating a will is ignoring potential beneficiaries. If someone has multiple potential heirs, and they do not name one in the will, it’s likely that the will is going to need to go through the courts to determine if it’s valid or to be changed to ensure all heirs receive a portion of the estate. This may not be what the person intended, as they may have left an heir out of the will on purpose. However, the courts will not see it that way and will likely change the asset distribution to include the heir who was not mentioned. A lawyer will provide solutions to disinherit an heir correctly to prevent this from happening.
Another hidden pitfall is failing to find proper witnesses to sign the will. Those who witness the signing of the will can’t be an heir named in the will, a minor, or someone who is not of sound mind. If a family member is asked to sign the will, they will not be considered a proper witness and the will can be invalidated. Depending on the state, there may be other restrictions on who can be a witness. Working with a lawyer helps to prevent this from being an issue, as the lawyer can help find witnesses that meet the legal requirements.
A one-size-fits-all approach is not going to work when writing a will because everyone else’s situation is different. On top of that, states may have different requirements that need to be followed when writing the will. If they are not followed, the will may become invalid and the assets will be divided by the courts. A lawyer understands the state-specific requirements and will make sure the will meets all of them to help prevent potential issues.
Wills may need to be updated as situations change or people die. If someone is named as a beneficiary, but they are not alive at the time the assets are divided, who gets the assets? It’s important to keep the will updated and to make sure there are alternatives named in case anything happens. Many people do forget to update their will, though, or may not know to name alternatives. When they work with a lawyer, they can get reminders to update the will or assistance with naming alternatives in case they’re needed.
The most important assets are likely to be included in the will, but it’s all too easy to forget about assets when creating the will. Many people end up forgetting about some of their assets or they might think that they don’t need to add items to it, but then the family has to go to court to divide the assets, which costs them more money. A lawyer will help make sure all assets, no matter how small, are included in the will, so nothing is forgotten.
It is crucial to be clear when writing the will, but many people will overlook this as they work to complete the online will. If there are two family members with the same name, it is crucial to make sure the will states which one receives the asset. Otherwise, the two family members may need to go to court to see who will get it. With a lawyer to help, it’s easier to make sure the will is clear and there are no misunderstandings about who gets which asset.
Estate planning should not include just the will, but that may be all that’s covered with a website that helps create online wills. The estate plan should also include paperwork to cover any directives if the person is alive but can’t advocate for themselves or needs assistance, such as a power of attorney if the person is ill and can’t make medical decisions for themselves. An estate planning lawyer will help with creating all of the documents that are needed, not just the will.
It is all too easy to make mistakes when creating a will, especially when using a website to do so. Instead, it’s a much better idea to work with an Alabama estate planning attorney. They can provide the assistance and advice needed to ensure the will is made properly, is legally sound, and is ready in case anything happens. They’ll be able to tailor it to the person’s needs, so it includes everything they need and nothing they don’t. It will also reduce the chance of the will needing to go through the courts, which can be costly.
If you’re ready to create a will to prepare for the future, make sure you sit down with an attorney to discuss the specifics of your assets and how you’ll want them divided when you die, as well as anything that might be needed in the future. Talking to an attorney doesn’t have to take long and can help your family save a ton of money in the future. Schedule a consultation now to learn more about how an attorney can help with creating a will that meets all of your needs.
