When Should I DIY a Will vs Using an Attorney for Help?

NOTE: A link to Buried in Work’s free simple estate will template is at the bottom of this article. It is recommended that you read this article in its entirety before following the link.

Creating a will is an essential step in ensuring that your assets are distributed according to your wishes after your death. While it is possible to draft a will on your own using various DIY tools and templates, there are circumstances where consulting an attorney is highly advisable. This article will explore the factors to consider when deciding between DIY will creation and seeking professional legal assistance.

When to Consider DIY Will Creation

Creating a will on your own can be a suitable option if your estate and family situation are relatively simple and straightforward. Here are some scenarios where a DIY will might be appropriate:

1. Simple Estate:

   • If you have a modest estate with few assets, such as a house, a car, and some savings, a DIY will may suffice. Online templates and software can help you create a basic will that outlines your wishes clearly.

2. Single Beneficiary:

   • If you plan to leave all your assets to a single person, such as a spouse or an adult child, a DIY will can be a straightforward solution.

3. No Minor Children:

   • If you do not have minor children who need guardianship arrangements, creating a will on your own can be simpler. Guardianship provisions require careful consideration and legal precision, which is best handled by an attorney.

4. Clear Instructions:

   • If your distribution plans are straightforward and there are no complex conditions or trusts involved, a DIY will can effectively communicate your wishes.

5. Cost Considerations:

   • DIY wills are generally less expensive than hiring an attorney. If you are on a tight budget, creating a will on your own can be a cost-effective option.

When to Use an Attorney for Help

While DIY wills can be suitable in some cases, there are many situations where the expertise of an attorney is invaluable. Here are some scenarios where you should consider seeking professional legal assistance:

1. Complex Estate:

   • If your estate includes multiple properties, investments, business interests, or significant assets, an attorney can help ensure that all aspects are covered and properly managed.

2. Blended Families:

   • If you have a blended family with children from previous relationships, creating a will can be more complex. An attorney can help address the unique challenges and ensure fair distribution.

3. Minor Children:

   • If you have minor children, appointing a guardian and setting up trusts for their care and education require precise legal language. An attorney can ensure these provisions are legally sound and enforceable.

4. Special Needs:

   • If you have a family member with special needs, setting up a special needs trust requires specific legal expertise to ensure that the individual’s benefits are not jeopardized.

5. Tax Planning:

   • For estates that may be subject to estate taxes, an attorney can provide valuable guidance on minimizing tax liabilities and ensuring tax-efficient distribution of assets.

6. Business Ownership:

   • If you own a business, an attorney can help with succession planning and ensure that your business interests are managed according to your wishes.

7. Dispute Prevention:

   • If you anticipate potential disputes among beneficiaries, an attorney can help draft a will that minimizes ambiguities and reduces the risk of legal challenges.

8. State-Specific Requirements:

   • Estate laws vary by state, and an attorney can ensure that your will complies with all relevant state laws and requirements, reducing the risk of your will being invalidated.

Advantages of Using an Attorney

1. Expertise: Attorneys have the legal knowledge and experience to address complex situations and ensure that your will is comprehensive and enforceable.

2. Personalized Advice: An attorney can provide tailored advice based on your unique circumstances and goals.

3. Peace of Mind: Knowing that your will has been drafted by a professional can provide peace of mind that your wishes will be honored and your loved ones protected.

Conclusion

Deciding whether to create a DIY will or seek the assistance of an attorney depends on the complexity of your estate and your specific needs. For simple estates and straightforward distribution plans, a DIY will can be an effective and cost-efficient solution. However, for more complex situations involving significant assets, minor children, blended families, or potential disputes, consulting an attorney is highly advisable. By choosing the right approach, you can ensure that your will accurately reflects your wishes and provides for your loved ones according to your intentions

---