Not So Simple as Point and Click
You’ve seen the commercials; Internet companies that promise an easy, affordable will without the hassle and expense of traveling to a lawyer’s office and paying a hefty legal bill. It sounds simple. The company looks legitimate. It would certainly be convenient to print out your will right from your own computer and be done with it.
As your grandmother may have told you: If it sounds too good to be true, it probably is. Such is the case with online estate planning websites, which offer DIY wills without any attorney oversight. As a Florida estate planning practitioner, I have seen firsthand the disasters these documents produce.
What Can Go Wrong? A Lot.
The main problem with do-it-yourself wills is that when they go wrong, they tend to go horribly, expensively wrong. By the time someone (usually a probate lawyer) notices a critical mistake, the testator has already passed away, and his or her loved ones are left to deal with the unfortunate consequences of an improperly prepared Internet will. Common mistakes include:
Unwitnessed or Improperly Witnessed
Florida law imposes strict witness requirements on wills. Specifically, the law states, “The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.” If your will is unwitnessed or you make a mistake during execution, the court might deem your will entirely invalid.
Failure to Include a Self-Proving Affidavit
A self-proving affidavit is a type of sworn statement that’s attached to your will and proves the will’s validity. Not all states allow you to include a self-proving affidavit, so online websites sometimes miss this option. In Florida, including a self-proving affidavit is not a requirement for a valid will, but it can help speed up the probate process.
Leaving Property to a Recipient of Government Benefits
If you bequeath assets to someone who receives government benefits, it can compromise his or her eligibility to receive this assistance.
Failure to Name a Guardian and Conservator for Minor Children
By naming a guardian and conservator for your young children in your will, you can ensure that the court will honor your wishes regarding the people you want to raise your kids and handle their money if you are gone.
Estate Planning Peace of Mind
It’s telling that even the most popular do-it-yourself online document preparation websites openly admit that many of their users get their estate planning documents wrong. Don’t take risks with these important documents. Call my office today at 772-220-9699 to schedule an estate planning appointment.
This website has been prepared by Gregory H. Zogran, P.A. for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.