You can choose from many “do-it-yourself” last will and testament form kits. So, is it worth the money to pay an attorney to write your will for you? Well, an attorney may be less expensive in the end.
In their consumer pamphlet on wills, the Florida Bar states, “No sensible person would employ ‘just anyone’ to fill teeth, take out an appendix, or deliver a baby.”[1] So why do the same for your important legal documents? If you really are trying to protect the financial security of your loved ones, don’t you think it is worth the money to consult with a professional? For those that do not agree, their heirs will probably have to spend a fortune on lawyer fees to sort out the mess after their passing.
A Will can be contested if it was not properly drafted, signed, or witnessed in accordance with the applicable state laws. Laws regarding Wills and the administration of estates vary by state. So Florida law is different from, say, California law. For instance, in Florida we have real property law, such as Homestead, which takes precedent over estate planning tools. What state laws, if any, were used or considered when your DIY Will was drafted? Who knows.
While you may find a kit that claims to have forms for Florida, buyers beware: every kit will make you acknowledge that it does not guarantee that it is able to do what it promises to do. That’s right, it may not provide you an enforceable last will or trust. Sadly, the warnings pop up at you after you buy the software, but most of us do not read them.
When you accept the terms, you are likely agreeing that you understand that the software you bought to create important legal documents may not achieve the purpose you intend and does not offer legal advice. In fact, it makes clear that it does not provide you any value. It is as good as a blank piece of paper. Just read it for yourself. Take, for instance, Findlaw Forms’ Conditions of Use, which warn users that, “We do not provide any express or implied warranties of merchantability, suitability or completeness for any of the products or services for your particular needs. The products and services are used at your own risk.”
Suze Orman, who offers financial planning advice on TV, sells a Will & Trust Kit as well. Her Terms and Conditions similarly state in relevant part:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUZEORMAN.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUZEORMAN.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
She wears snazzy jackets and has plenty of spunk, but that does not make her qualified to offer legal advice. For all Suze (or her company) knows, your designated beneficiaries may not get what you think they will because she can’t guarantee that the forms are fit or reliable for any use, let alone use as a Last Will or a Trust! Lawyers provide legal advice and are liable for their professional negligence. Lawyers guarantee you they will use their best professional skill. Moreover, many lawyers charge affordable fees.
Ultimately, when you use one of these form kits, you are taking a huge gamble on your family’s financial security because your documents may not be legally enforceable. People with very limited funds and a modest estate may still find that one of these kits is worth the uncertainty. If you really put family first and you have any money or property to leave them, there is no way you should rely on a do-it-yourself form instead of seeking the assistance of counsel. Contact an attorney in your state. A Florida estate-planning attorney can help you with this process, answer your questions, and help you plan for your family’s financial security.
Thank you to The Consumerist, a national consumer advocacy website, for featuring this article!
Please do not hesitate to contact me with any questions, or post your comments below!
[1]Consumer Pamphlet: Wills Trusts & Estates, The Florida Bar, available at: <http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/a0091ab18d4875d085256b2f006c5b75?OpenDocument>
October 2, 2009 at 4:09 PM
[...] a post on her blog, Florida Willmaker, Longa said savings provided by will kits may be fool’s gold. She [...]
October 5, 2009 at 11:22 AM
In this sense, I think the success of products like TurboTax do a bit of a disservice to the consumer. People think that since they can get assistance doing their taxes using their computer that they can reap similar benefits drafting a will. The problem here, or one of the problems, is that with TurboTax if you make a mistake, you and the IRS are around to resolve it. With a will, one of the important parties is no longer with us.
And for people with significant financial holdings, you don’t see them typically relying on TurboTax. the same ought to be true for will making.
October 5, 2009 at 11:50 AM
I think that’s a great point, Neil. Thanks for your comment!
October 6, 2009 at 2:52 PM
Thanks for the article. Is it worthwhile to use a kit to draft what you are looking for, then take it to an attorney? It seems like it would save sone time, and help you anticipate the questions the lawyer will ask.
Thanks!
October 6, 2009 at 3:14 PM
I think it’s fine to draft the will and then take it to an attorney, especially if the kit is free. Otherwise, it may not save you either time or money. At the very least it will get you thinking about how you want things handled, and what you want your will or trust to accomplish. Tomorrow’s post will be on living wills, and I will include a link to a free Florida form. Thanks for your question!
January 28, 2010 at 4:36 PM
Just found this article because I’m trying to decide whether to buy some software or not. I do not have, by any stretch of the imagination, an “estate”. If I dropped dead tomorrow, there really won’t be any MONEY to speak of, and I don’t have children. Basically, I’d like something legal to say, I want this niece to have my scrapbooks, this sister to have my jewelry, this nephew to have the weird abstract painting I did that he claims he really ‘loves’. Do I really need to see an attorney for that?
March 18, 2010 at 10:47 AM
Hi Vicki,
I suggest that you consult with an attorney licensed in your state that helps people draft wills, since I do not know where you are or what you have. If you do try to do a will on your own, you will want to make sure that it will be valid and enforceable in your state. Your state’s bar association may have free consumer pamphlets that explain what is required. I have been involved in quite a bit of litigation regarding who gets the right to the person’s remains, so I would suggest having an attorney do a simple will, which should be inexpensive, and including instructions about burial, funeral, social networking, or any other last wishes you may have, so that there is no question or dispute about it when you are gone.
Thanks,
Lesly C. Longa
April 17, 2010 at 4:43 PM
enormous issue. This is a solid one to save and mull over.
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November 27, 2011 at 8:46 AM
Thanks for the information on the DIY Will. You reminded me of something I was taught many years ago which made sense then as it does now. If you need a plumber you call one, if you need an electrician you call one same goes as an attorney. Thanks again you could have and more than likly did save my family some problems down the road.
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