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By Julie Fielder
Attorney

It makes sense why people turn to online tools and templates for estate planning in an attempt to save money and time. It seems we’re all on our phones or looking at a screen for most of our days, why not ask Siri or Alexa for ideas on estate planning. It’s understandable, but DIY estate planning is not a good idea, trust us. 

At Horizon Elder Law & Estate Planning , we have seen firsthand the risks involved when individuals attempt to create their own wills, trusts, and other essential estate planning documents without professional guidance. Here’s our take on why DIY planning is not a good idea.

Why DIY Estate Planning Is Risky

Although it can seem like it, estate planning is more than just checking boxes and filling out forms. It involves understanding complex laws and ensuring that your wishes are legally enforceable. Here are some common dangers of DIY estate planning:

1. Legal Mistakes and Invalid Documents

  • The laws governing estate planning are different depending on the state and change over time.
  • DIY templates may not comply with California’s specific legal requirements.
  • Improperly executed documents may be deemed invalid, leading to probate issues and family disputes.

2. Failure to Address Unique Circumstances

  • Generic templates do not consider individual needs, such as blended families, special needs beneficiaries, or business ownership.
  • DIY wills and trusts may not effectively address tax implications or take into consideration asset protection strategies.

3. Inadequate Asset Distribution Planning

  • Without careful planning, assets may not be distributed as intended, leading to unintended beneficiaries or disputes.
  • Trusts may be improperly funded, resulting in probate when it could have been avoided.

4. Risk of Family Disputes and Litigation

  • Ambiguities in DIY estate documents can lead to disagreements among heirs.
  • Family members may challenge the validity of improperly executed documents, leading to costly legal battles.

5. Missed Opportunities for Tax and Financial Benefits

  • DIY plans often overlook important tax-saving strategies.
  • Without professional advice, you  may miss out on ways to minimize estate taxes or protect assets from creditors.

The Benefits of Hiring an Estate Planning Attorney

Working with an experienced estate planning attorney ensures that your estate plan is legally sound, personalized to your needs, and structured to minimize risks. Here’s what professional guidance can offer:

1. Tailored Estate Planning Solutions

  • Attorneys create customized plans that align with your unique family and financial situation.
  • Strategies can be implemented to protect minor children, special needs dependents, and blended families.

2. Compliance with California Laws

  • Attorneys stay up to date with state-specific legal requirements.
  • Proper execution of documents ensures they are legally binding and enforceable.

3. Avoiding Probate and Reducing Estate Taxes

  • A well-structured estate plan can minimize or eliminate probate costs.
  • Attorneys help optimize tax-saving strategies to maximize the inheritance for your loved ones.

4. Ongoing Support and Updates

  • Things happen, changes occur and your estate plan needs to adjust.
  • Attorneys provide periodic reviews and updates to keep your estate plan current and effective.

Call a Contra Costa & Alameda County Estate Planning Law Firm with Concerns

If you are considering DIY estate planning, please reach out to us. Our experienced attorneys at  Horizon Elder Law & Estate Planning will explain that although DIY estate planning may seem like a shortcut, it can often lead to costly and stressful complications for you and your loved ones.

About the Author
Julie M. Fiedler, an Attorney at Law, has been a resident of San Ramon since 1988. With over 30 years of experience in healthcare and senior services as a Registered Nurse, she is recognized as a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. Julie is accredited by the Department of Veterans Affairs to assist individuals with VA benefits. Her extensive involvement includes serving on the Board of Directors for the National Academy of Elder Law Attorneys, Inc., and as the past President of the Northern California Chapter of the National Academy of Elder Law Attorneys. She is an active member of California Advocates for Nursing Home Reform and ElderCounsel. Additionally, Julie Fiedler has contributed her leadership skills as President of the Adult Day Services Network of Contra Costa.