Why use an Attorney?

Dangers of Utilizing Online DIY Estate Planning

In today’s digital world, numerous online platforms offer to assist you in creating a DIY estate plan. Some even provide forms or software for drafting your own will. While these services promote their affordability, they often overlook the significant drawbacks of estate planning without professional expertise. A poorly executed estate plan can lead to increased overall costs, misdirected assets, family discord, and lengthy legal entanglements.

Although the desire to save money is understandable, skimping on your estate plan is generally not advisable. For personalized advice tailored to your situation trust My Easy Estate. With over 25 years of experience, we can help you develop a thorough, effective plan at a reasonable cost.

Benefits of a Proper Estate Plan

A meticulously crafted estate plan allows you to support your loved ones, maximize your
estate’s value, and leave a lasting legacy. This often involves creating a will and/or one or more trusts. A will specifies the distribution of your property, while trusts can serve various functions based on your needs. Your plan may also include advance directives such as living wills, healthcare surrogate designations, and powers of attorney to streamline the administration of your estate.

Risks of an Improper Estate Plan

Using an automated service for your estate planning carries several risks:

Your will may fail to meet legal requirements.

You might miss out on personalized options that align with your wishes.

The value of your estate could diminish, leading to higher expenses for your loved ones.

Legal disputes and complications might emerge.

Family conflicts could arise.

These issues can undermine the purpose of your estate plan and leave your family in disarray.

Validity of Wills

In Florida, to create a valid will, you must be at least 18 years old and of sound mind. The will must be:

In writing;
Signed by you at the end, and
Signed by two witnesses who observe you signing or acknowledge your prior signature.

Florida permits interested parties, such as your legal heirs, to act as witnesses.

Challenges to Wills

Once you pass away, your will is subject to probate court, where interested parties may challenge it. Common grounds for challenge include:
● Improper execution—failure to comply with legal formalities,
● Lack of testamentary capacity—being of unsound mind,
● Undue influence—creation of the will under fraud, coercion, or duress. The simplicity of DIY wills also opens the door to less common challenges, such as lack of testamentary intent—asserting that you did not intend the document to serve as your will, even
if other requirements were met.

If a challenge succeeds, the court may deem your will invalid, resulting in intestate distribution according to state law.

Proving a DIY Will’s Validity

Proving or disproving a DIY will’s validity can be particularly challenging, especially when issues
of undue influence and testamentary capacity arise. Often, interested parties may also be
witnesses, complicating impartial assessment. Unlike an attorney-prepared will, a DIY will lacks
the benefit of professional observation and attestation to your mental state.

Intestate Succession

Without a valid will, your estate undergoes intestate succession, where property is distributed to your closest relatives. In Florida, this includes your surviving spouse, descendants, then:
● Parents,
● Siblings and their descendants,
● Grandparents,
● Aunts, uncles, and their descendants,
● Heirs of a deceased spouse, if any.
Intestate succession aims to reflect general expectations but can yield unsatisfactory outcomes. Individuals you might not have chosen could receive your assets, and desired recipients might be excluded.

For example, if you have no surviving spouse but two children—one estranged and the other supportive—intestate law mandates an equal split. This might necessitate selling valuable assets like your home to divide the estate evenly.

Family Disputes

A clear estate plan reduces the likelihood of disputes. Vague or unplanned estates increase the risk of family disagreements, potentially leading to long-lasting rifts.

Legal Complications

Estate disputes can drag on for years, diminishing property value and complicating the
distribution process. Ambiguous instructions may result in unwanted sales or legal actions to resolve disputes.

Financial Impact

Legal disputes and probate challenges incur escalating costs over time. A well-designed estate plan minimizes these expenses and preserves the value of your estate.

The Value of Professional Estate Planning

While DIY estate planning services might seem appealing, they carry significant risks. At worst, a DIY plan can create family conflicts and legal battles that last for years. At best, it may lack the necessary provisions to fully support your loved ones and maximize your estate. Contact My Easy Estate, to learn how we can help you develop a customized estate plan that meets your needs.