Below is an excerpt from a letter the Bar of North Carolina sent to LegalZoom in 2008.  After reading this, I think you will agree that it is a risky option.

“Legalzoom’s conduct…is illegal in North Carolina and must end immediately; Specifically, Legalzoom may not prepare or offer to prepare legal documents to North Carolina residents or for use in North Carolina, including but not limited to articles of incorporation or organization, deeds, wills, trusts, or court pleadings, including divorce complaints. Legalzoom may not offer to provide any legal services in North Carolina or represent that its services have been reviewed by an attorney or are legally sufficient for the customer’s legal needs. If you continue your activities, the State Bar may seek a court order to
perpetually enjoin your unlawful conduct, as the Bar is authorized to do pursuant to North
Carolina General Statute Section 84-37 and Chapter 1, Subchapter D, Section .0200 through
.0207 of the Rules and Regulations of the North Carolina State Bar. Please also be aware that the unauthorized practice of law can be prosecuted as a criminal misdemeanor offense pursuant to North Carolina General Statute Sections 84-7 and 84-8 (copies enclosed).”

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?