Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Attend A Free Webinar Call: (802) 879-7133
Home Âğ Do I Really Need an Attorney to Create My Vermont Estate Plan?

Do I Really Need an Attorney to Create My Vermont Estate Plan?

by

Adobestock Scaled

“Do-It-Yourself” articles and videos can easily be found on the internet that cover everything from home remodeling to car repairs. While the DIY route can save you money and teach you new skills, taking the DIY route is not wise when it comes to estate planning. Before you decide to use DIY forms in your estate plan, you should understand who may pay the price for that decision. To help you understand better, the Essex Junction attorneys at Unsworth LaPlante, PLLC explain why it is in your best interest to work with an attorney when creating your Vermont estate plan.

Who Pays the Price for DIY Estate Planning?

In today’s electronic age, where everything can be found on the internet, it may seem easier to get started on your estate plan by downloading a Last Will and Testament form and fill in the blanks than to work with an estate planning attorney. You may even believe that you are saving a significant amount of time and money by taking this route. In truth, you may be saving time and money now; however, there may be a heavy price to pay down the road – and your loved ones are the ones who will pay that price. If you created a Last Will and Testament, the document won’t be tested until you are gone. At that point, you are no longer around to fix any problems that may arise – and there is a very good chance there will be problems, such as:

  • Failure to distribute the entire estate. One of the most common problems that arise when a DIY Will form is used is failure to distribute the entire estate. One of the primary reasons for executing a Will is to avoid the state’s intestate succession laws; however, if any assets are left out of your Will an intestate estate proceeding will have to be initiated.
  • Stale language or law. Many DIY Will forms have been floating around the internet for years. Applicable laws may have changed in the interim, making some of the language in the form, or the entire form, stale from a legal standpoint.
  • Not state-specific. Most of the laws that govern Wills and estates are state laws. For this reason, a Will must be state specific to ensure it will be valid. Many DIY forms, however, are generic and do not include state-specific considerations.
  • Failed interaction between documents. Using one DIY legal form is dangerous enough. Trying to use both a Will and a trust that interact with each other is much more likely to result in failure because you need experienced legal advice to accomplish this.
  • Improper execution. For a Will to be valid, it must be executed using the proper procedures, such as the need to be executed in front of two neutral witnesses. Because those can also vary from state to state, a generic form doesn’t work.

What Happens After You Are Gone?

Most of the problems with a DIY Will surface after the death of the Testator. This tends to compound the problems because there is no way to clear up vague language, fix an error, or explain an omission. This often leads to litigation during the probate of an estate. If your estate ends up in litigation during the probate process, it will diminish the value of your estate, meaning your loved ones will receive less than you intended. It will also hold up the transfer of assets to your intended beneficiaries. Ultimately, your loved ones may pay a hefty price for your use of a DIY Will. The easy way to avoid the dangers inherent in using DIY Wills is to retain the services of an experienced estate planning attorney to help you create your Last Will and Testament.

Are You Ready for an Attorney to Help You Create Your Vermont Estate Plan?

For more information, please attend one of our upcoming FREE webinars. If you are ready to create your Vermont estate plan, contact an experienced Essex Junction estate planning attorney at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.

Stephen Unsworth
Latest posts by Stephen Unsworth (see all)