Technically, you can handle some basic estate planning on your own, but doing so carries real risks. DIY options like online will templates may seem like a simple, affordable solution, but a single error or missing detail can make documents legally invalid. Because estate laws vary by state and change over time, working with a qualified lawyer is the most reliable way to protect your assets and your family’s future.
What Is Estate Planning and Why Does It Matter?
“Estate planning” is the process of deciding what happens to your money, property, and belongings after you pass away or become unable to make decisions for yourself. A solid plan typically includes a will, powers of attorney, and healthcare directives, which together give loved ones clear guidance when they need it most. Without a plan, state law decides for you.
Can I Write My Own Will Without a Lawyer?
In many states, writing your own will is allowed, although it must meet specific legal requirements to be valid, including proper signatures and witnesses. A small mistake, like unclear language or a missing signature, can cause the document to be contested or thrown out entirely.
What Are the Risks of Using Online Will Templates?
Online templates are generic by design, which means they may not reflect your state’s laws or your personal situation. They also cannot flag issues a lawyer would catch, such as naming a minor as a direct beneficiary or failing to account for jointly held property.
When Is DIY Estate Planning Especially Risky?
DIY estate planning becomes particularly problematic when someone owns property in more than one state, has a blended family, runs a business, or has a loved one with special needs. Consider a parent with a child who receives disability benefits: Leaving that child a direct inheritance could disqualify them from government assistance.
What Documents Are Typically Included in an Estate Plan?
A thorough estate plan generally includes a last will, a durable power of attorney, a healthcare proxy, and a living will. Some plans also include a trust, which can help avoid probate and provide more control over how assets are distributed. Each document serves a distinct purpose, and all work together as a complete plan.
What Happens if Someone Dies Without a Will in Pennsylvania?
In Pennsylvania, dying without a will means the estate passes according to the state’s intestacy laws, which follow a fixed formula based on family relationships. Assets may not reach the intended people, and personal wishes carry no legal weight. A surviving partner who is not a legally married spouse, for example, may inherit nothing at all.
How Much Does It Cost to Work With an Estate Planning Lawyer?
Lawyer fees vary based on the scope of the plan and the firm, although many people find the cost lower than expected, particularly for a basic will and power of attorney package. When weighed against the potential cost of a contested estate or probate delays, this is a sound investment.
How Often Should an Estate Plan Be Updated?
Estate plans should be reviewed after major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, or a significant change in finances. Tax laws also change, which can affect how an estate is handled. As a general guideline, reviewing a plan every three to five years is advisable even when nothing major has changed.
What Should Someone Look for in an Estate Planning Lawyer?
Look for a lawyer who focuses on wills, trusts, and estate law and who takes time to listen to specific goals. Clear communication matters, as does the ability to explain options in plain language without overwhelming legal terminology. A good lawyer tailors a plan to fit a client’s life, rather than offering a one-size-fits-all document.
Put Your Estate Plan in the Right Hands: Work With Our Knowledgeable Delaware County Wills and Estate Lawyers at Eckell Sparks
To discuss your estate planning needs, contact our Delaware County wills and estate lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.