Why Should I Hire an Attorney to Draft a Will When I Can Find One Online?

A Google search will reveal various options for creating a Will or other estate planning documents without the assistance of an attorney. Why not save some money and use those? To be a bit cheeky, my response is like Clint Eastwood, “Go ahead; make my day.” A probate attorney will probably earn much more cleaning up the mess you make than a good estate plan would cost.

At Pyke & Associates, because we handle decedent’s estates as well as do estate planning, we see many Wills that were downloaded from the internet, handwritten, or otherwise “home cooked.” In some cases, these Wills suffice, but the disaster stories are legion. Most commonly, these Wills are not properly signed so as to be self-proving and the probate process is more expensive. In some cases, the Will is not even valid because someone filled in a typewritten Will, signed it, and there were no witnesses. A notary is not good enough. More fundamentally, even when the Will is sufficient, that is all it is. It did not do the best job minimizing the cost of the estate, the cost of the administration, and the handling of assets.

Here is the reality of what an estate planning attorney does: we give advice not sell documents. You can buy a Will form from someone else, or you can use Will drafting software, but do you understand the issues? Do you understand the problems that might exist with a beneficiary who is incapacitated or qualified for Medicaid? Do you know whether you should be considering a trust for your beneficiaries or a living trust for yourself? Who is best to serve as executor and should they serve independently?

At Pyke & Associates, we gather information from our clients and then have a detailed conversation to identify, review and solve issues before we begin drafting an estate plan. Our greatest service is diagnosing your issues and making sure the documents that are drafted solve those problems.  We are selling our expertise and advice, not a will form.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.