Monday, October 3, 2011

Ask a Lawyer - If I Need a Will, Why Should I Hire an Attorney to Help?

This is the third and final part of the "Ask a Lawyer" series of posts responding to the initial question, "Why should I hire a lawyer to help with my will or trust."  In the first post, we explained why it is important to have an "estate plan," and what that entails.  In the second edition, we discussed why everyone should have a will.  The third component of the initial question says, assuming that I've convinced you that you need to do some estate planning, why hire a lawyer to help?  Why not use one of the many website offering will forms for cheap and simply do it yourself?

First, if you've made it this far and recognize that you need to do some estate planning, I commend you.  You have already made a decision to take action to provide for your loved ones and to consider what will happen to your estate when you are gone.  You have overcome the first, significant hurdle--you are doing something and not procrastinating!

Having decided to act and considering the importance of the issues you will be considering, doesn't it make sense to seek the advice of real people you know and trust to give you sound advice as to what is in your and your family's best interests?  That is not to say that cost is not a valid consideration of this process, obviously it is, but isn't it worth something to have a trusted professional help you ensure that the documents you sign will do what you intend them to do?

Abraham Lincoln said that "a lawyer's time and advice are his stock in trade."  When you hire a lawyer to help you with your estate plan, you are not simply "buying a will," you are paying a licensed professional (who should be carrying professional liability insurance) for their advice.  You are paying the attorney to advise you as to how to carry out your wishes in the event of your death (or incapacitation), and to help you create legal documents to do that.  Obviously, you want such a professional to be qualified to properly assist you.  Many people would say that it is also of value to have a personal relationship or at least a personal connection with the attorney, to provide further assurance as to the attorney's trustworthiness and ability to assist your family, if called upon, such as in the event of your untimely passing.

To put it bluntly, you have already faced the fact that you will die one day.  If something were to happen to you tomorrow, who would your family turn to for help with how to implement and probate your estate plan?  That is not to imply that you have any obligation to your estate planning attorney.  The point is simply that having taken the time to create a plan to take effect on your death, shouldn't you do what you can to make sure the plan is thought through to allow your family to actually implement your plan?  

Can you hire a lawyer to probate an internet form will?  Sure you can.  That lawyer will be powerless to correct any errors or deficiencies; it will be too late for that.  Since you did not designate or retain an attorney when you were alive, your family will be forced to pick someone in a time of grief.  If your family does not know any attorneys, they will have to ask around for a referral or comb the yellow pages.  But if you do know an attorney, why wait until that time to ask for help?

Too often lawyers write posts like this one in a defensive manner seeking to justify the quality of their work and trying to shoot holes in internet forms.  I've tried to avoid that trap in this post.  I realize full well the reason people choose internet form wills over hiring a lawyer - it is simply a cost-saving decision.  Internet form wills are getting better; some of the better websites now address State law differences, which is essential (if you use an internet form, absolutely make sure it meets your State's particular requirements!).  The documents themselves may or may not be fine, that really is not the issue.  The issue is whether the benefits of working with a real person lawyer are worth the cost, compared with an internet form document.  The choice is yours.  

 


6 comments:

  1. Writing your will without legal help is not recommended. However, if you insist in doing so, and you were able to successfully file your will, it will be categorized as not a “self proving” will. This is bad news for your heirs. They will have to track down the signed witnesses in your will. This will be problematic especially when the witnesses are no longer within the area. In fact, tracking them down alone would cost more as compared to hiring a lawyer to mediate over your will. Saving money now, will most likely cost more for your heirs tomorrow.

    Mike Clark

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  2. Furthermore, investments are always complex to divide, especially when someone passes away. However with the help of a lawyer, trust funds and investments can be maintained and spread out evenly among each and every family member. Hiring a lawyer does help you find the right course when you’re writing a will.

    - Lance Wagnon

    ReplyDelete
  3. A will is a legal document, and to make it final and executory, it must be done with the presence of a lawyer. The issue of the last will and testament is a major issue especially for well-off families. To avoid conflicts, and the long, painful process of court hearings, anyone who wishes to leave a will should consider hiring a lawyer to help create a will that would be fair and beneficial enough to all legal successors.

    -Javier Hoppes

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  4. The truth is, most of us don’t know much about legal issues and arguments. That’s why we really need someone who can help, advise, and represent us with regards to this matter. When you’re about to look after your will, it’s important that you get a lawyer beforehand so that you know what appropriate actions to take, and to keep you and those concerned, from doing things that may create a bad situation.

    Collin Deck

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  5. I believe that lawyers are not only there to advise, but to also know what to do since he was the one who witnessed the making of the will. Therefore, he can carry out the wishes of the persons who died the best way possible and how that person would have wanted it to be carried out.

    Ethan Rehman

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  6. The lawyer's name or the law firm's name usually also appears on the cover of the will or on a special backer that has been attached to protect the will document.
    probate lawyers

    ReplyDelete