August 9, 2009
Why Choose an Attorney over “Do it Yourself” Estate Plan?
We are all looking to save money where we can. We cut back on the car wash – we wash our own cars now. We cut back on going to the movies – we rent more now. We save on gas – we make more stops in the same trip. Doing all these things will undoubtedly save you money in the long run; it is almost a no brainer. However, you cannot say the same thing about drafting your own Estate Planning documents.
Why is it a bad idea to do your own planning?
1. Pre-printed or fill in the blank forms are created to be user friendly by the majority of the people who use them; they are not created especially for you. Our Firm will create each document for you based on your particular needs and wishes.
2. Pre-Printed or fill in the blank forms ask everyone the same questions each time. Our Firm asks alot of the same questions from client to client because it is necessary. But, after that, we follow up with individualized questions based on an intimate fact finding meeting where we get to know you as clients, parents, couple, etc.
3. Pre-Printed or fill in the blank forms will not ask you detailed questions about the personality of your children; what they enjoy doing; their health issues if any, etc. Our Firm asks many many questions about your children because we know that your children are an important part of your life and you want to do the best planning for them so they are well taken care of after your death.
4. Pre-Printed or fill in the blank forms will not discuss with you what to think about before appointing an Executor, Trustee or Guardian. You will not be told that it is probably not a good idea to appoint a brother and sister-in-law as the Guardians of your children. Why? They could get divorced!
5. Pre-Printed or fill in the blank forms may not include the proper witness sections or notary language that are required to be included to be a valid North Carolina Last Will and Testament. North Carolina requires two witnesses to every Last Will and Testament. Will you know that you need to sign it and the witnesses need to see you sign it? Probably not because the form will not tell you that.
What I believe to be the biggest most important reason why you should never draft your own Estate Planning documents…you do not get the counseling, planning and experience from a licensed Estate Planning Attorney that will create a comprehensive Estate Plan based exclusively on your personal family situation, beliefs, wishes and concerns. Using our Firm, you will get an Estate Plan that will work when you need it to work…after your death. Can you be so sure your “Do it Yourself” Estate Plan will? Do you really want to take the chance?
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