The recent sophistication of software has contributed to an increase in homegrown estate planning. These mass-marketers of legal services misinform people into thinking that they are saving money and that they are receiving sound legal advice. This is simply not true.
Most people need the perspective that an impartial, experienced estate planning attorney provides. You are playing with fire if you engage the services of these companies for the following reasons:
- These programs largely disregard specific laws that can dramatically affect your estate;
- Your unique issues and circumstances can only be flushed out and addressed through consultation with an attorney; and
- You are not securing the experience and knowledge of an attorney trained to handle the specific circumstances of your estate.
Probate law is strict and unforgiving. Good estate planning attorneys work diligently to keep abreast of changes in the law through memberships in such organizations as the National Academy of Elder Law Attorneys, Inc., the Estate Planning Council of Hampden County, and through extensive, continuous reading and legal research. Creating your own legal documents provides a false sense of security, and the inaccuracies are usually only discovered when it is too late to do anything about them.
These companies hope that you will never read their ‘disclaimer’ or ‘terms of use disclosure.’ One such disclaimer provides that they are not providing any legal advice, that their documents may not work in your situation, that their documents may not be valid in your state, and that you agree to hold them harmless for any consequences resulting from your choice to use their services rather than seeking the advice of an attorney.
In conclusion, the subjects that matter the most to you; your health, your family, and your finances warrant the attention of an experienced, trained professional who will put their bar license and malpractice insurance on the line to provide you with the advise, counsel, opinions, and recommendations that are essential to drafting a proper estate plan.
People generally create estate plans for the peace of mind that they provide. The question is whether or not a software program and/or an unlicensed, uninsured and largely unregulated document preparer can provide you with the peace of mind that your estate plan was done appropriately and addresses your specific needs.
By: Todd C. Ratner, Esquire
Good post Todd. Another reminder to individuals is that the cost of litigating a poorly drafted will will greatly exceed the cost of having an experienced attorney draft a will.
Posted by: Matt Gardner | October 16, 2008 at 12:02 AM