The answers are really not complicated.
We can select a form from a Google Search, or use an on-line service to produce a form. Sometimes it’s purely a financial decision – even though most attorneys will prepare simple estate planning documents for a flat fee rather than their hourly rates that run into the hundreds.
But, it’s no different than representing yourself in Court, or working on your own to negotiate a contract or lease agreement. You may be lucky and no problems arise. Or, you may find yourself reaching out to have an attorney start over from scratch or spend time fixing the issues, sometimes early in the creation process and sometimes later, when something blows up.
The On-Line Downloads Almost Never Come With Warnings!
We are so used to having documents handed to us and being told to fill and sign, that we have become somewhat numb to the fact that the information we input is often limited by the boxes to check or by the directions on what to fill. And it happens repeatedly — every week. Subscription forms, financial or bank forms, health forms, and forms for others, like our kids.
Even where the choice in the box reads “Other”, nothing on the form guides you to what that “other” option or situation may be or can be. If the on-line form asks who you would like to have act as your Power of Attorney Agent and the choices are to name a person, or check the box for your spouse, or your child, are there other options and what are the real considerations you should think about? You bet.
If you use one of the on-line document creation services, there’s almost always an opportunity to “chat” with someone if you have a question during the document creation process. But who are you chatting with? An AI bot? An attorney in your state or even in your country? And how many years of law practice has that attorney had? When an avatar appears with the chat, shouldn’t we be concerned? Of course.
On the other hand, when you work with an Attorney to discuss and create important Powers of Attorney, or a Last Will & Testament, or a Living Trust, the many concerns and thoughtful considerations that should be a part of the document creation come to life.
In fact, quite often the folks who have good intentions and confidence that they have completed the on-line or downloadable form find themselves perhaps years later learning that the documents were not properly witnessed or signed. Learning that there is a problem when you are first using the form is an expensive mistake. And it’s often a time-consuming and anxiety-producing situation.
These are important documents that are meant to be ready and properly prepared to be used in emergency situations. You are not going to call LegalZoom or Trust&Will from the hospital when there’s a problem with the Power of Attorney for Healthcare, or from the bank when there’s an issue with acceptance of the Power of Attorney for Property/Financial matters. Indeed, you won’t even know if the Last Will & Testament you prepared accomplishes your heartfelt directions following your passing! But your family will know, since they are the ones who may find themselves learning that your intentions as you tried to express them in your Will are not going to be followed by the probate court.
The On-Line Forms Make It Easier To Take Care Of This In The Evenings Or On Weekends, You Say?
Sure, it’s less stressful to be able to work on creating your estate materials when you are at your kitchen table. Taking a paid day off work to visit the Attorney’s office is no fun. Still, there are many times when the Attorney will be able to work with you either before or after hours, or on a weekend, and these days even via Zoom or other video conference platforms. And, frankly, these estate materials are important enough that if you can take part of a day to visit the Attorney’s office, you should.
My Cousin (Or My Friend) Did It.
This would be a great excuse, if this was a one-size-fits-all planning situation. The truth is in the facts:
There is a reason that Attorneys who don’t work in estate planning reach out to consult with other Attorneys who do! Or, better yet, they reach out to have their knowledgeable estate planning colleague prepare their parents’ or kids’ materials. Enough said?
If You Have Downloaded An On-Line Form, But Now Understand That You Should Speak With An Attorney, How Do You Start?
Start with an email or call to Attorneys Marc Sherman or Maureen Meersman, who can set up a time to discuss your needs, your timing and share the cost and value of properly prepared estate materials for you and your family. Reach out here: https://mshermanlaw.com/contact/
