[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/preparing-a-will-should-i-use-an-attorney-or-do-it-online\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/preparing-a-will-should-i-use-an-attorney-or-do-it-online\/","headline":"Preparing a Will: Should I Use an Attorney or Do It Online?","name":"Preparing a Will: Should I Use an Attorney or Do It Online?","description":"I know most of you reading this article will think to yourselves, \u201cOf course she\u2019s going to […]","datePublished":"2017-02-08","dateModified":"2021-07-06","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/connie-nelson\/#Person","name":"Constance K. Nelson","url":"https:\/\/www.grossmcginley.com\/resources\/author\/connie-nelson\/","identifier":38,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Constance-K-Nelson-headshot-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Constance-K-Nelson-headshot-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/02\/preparing-a-will.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/02\/preparing-a-will.jpg","height":800,"width":800},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/preparing-a-will-should-i-use-an-attorney-or-do-it-online\/","about":["Blog"],"wordCount":780,"keywords":["Estate Administration","Estate Planning & Administration","POA\u2019s","Trusts","Wills","Wills & Estates"],"articleBody":"I know most of you reading this article will think to yourselves, \u201cOf course she\u2019s going to advocate using an attorney to draft a will versus using an online program because she\u2019s an attorney!\u201d That\u2019s correct; however, that is not my only reason for dissuading individuals from using online services to prepare your estate documents.There are many online \u201clegal\u201d programs that advertise estate document preparation services. These sources advertise the ability to provide various documents to you\u00a0for very low fees.\u00a0However, I\u2019ve always believed that things that cost a little in the beginning will usually cost you more in the long run.\u00a0 The same holds true in the case of estate planning, perhaps not for yourself but possibly for your loved ones. Consider the following example:Heidi is full of anxiety because she\u2019s going through a few life changes and wants a Last Will and Testament created. She visits an online legal site and selects \u201cWill Preparation.\u201d\u00a0The fee is quoted, she whips out her credit card, enters her information and her card clears.\u00a0Now she\u2019s ready to proceed with creating her will. A series of questions are asked, such as; state of residence, marital status, number of children, property information, etc.\u00a0Heidi goes through and honestly answers all of the questions.\u00a0Then a message appears that her Last Will and Testament is complete- \u201cClick Here to Download.\u201d\u00a0She feels a sense of relief because she believes that if she were to perish that she has done everything that she needs to do to provide for her loved ones.\u00a0Sounds good, right?\u00a0 Wrong!When asked marital status, Heidi entered \u201cMarried.\u201d That\u2019s true; however, Heidi is in the process of getting divorced.\u00a0In addition, when asked about number of children, she entered \u201cNone,\u201d because she doesn\u2019t currently have children; however, she\u2019s three months pregnant with her paramour\u2019s child, which is the underlying cause of her divorce.\u00a0With regard to property, she provided information about the marital residence, and a vacation home that she owns with her soon to be ex- husband.\u00a0 The Last Will and Testament that she is provided gives all of her property to her husband if she were to predecease him.All of Heidi\u2019s responses were honest; however, clearly not a true representation of her current situation nor a reflection of her wishes. If Heidi had met with an experienced professional, she would have engaged in a dialogue and the attorney would have learned about her pending divorce, pregnancy, etc.\u00a0 Why does that matter?\u00a0First, the property that she indicated that she had will not be entirely hers after the divorce. The marital and vacation homes will be subject to equitable distribution, pursuant to her divorce.\u00a0Hence, she may not have a home to leave her heir.\u00a0 She may just have proceeds from the sale or buyout of her interest.\u00a0An experienced professional would be able to insert the appropriate language to cover all scenarios in such an instance.Heidi also\u00a0indicated that she doesn\u2019t have children, yet she is currently pregnant. The questionnaire doesn\u2019t take into account that she is \u201cwith child\u201d and her paramour is an unemployed artist who merely \u201cgets by\u201d selling artwork out of his trunk until he \u201cgets discovered\u201d and he hasn\u2019t had steady employment since the year of the bellbottoms and butterfly collars.\u00a0Heidi would never want him to be in charge of the proceeds left behind for her child because she finds him irresponsible with money.\u00a0Again, if she met with an experienced professional, she would be advised to establish a Minor\u2019s Trust and to designate a trustee to manage said Trust for the benefit of her unborn child.Upon review of her document, Heidi is once again filled with anxiety as she realizes her wishes have not been effectuated by the creation of this online document and she has just flushed money down the drain. Well, the best lesson is a bought lesson and Heidi has learned first hand that it pays to seek an experienced professional\u2019s advice instead of trying to save money by going online and drafting the document herself.Don\u2019t end up like Heidi. If you have experienced some life changes that require the revision or creation of your Last Will and Testament or any other estate document, see an experienced professional who will ask you the important questions that will enable her to draft the documents that will fulfill your wishes.Attorney Constance K. Nelson counsels individuals and families in estate planning matters. She is also experienced in family law issues including divorce, child custody, and guardianships."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Preparing a Will: Should I Use an Attorney or Do It Online?","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/preparing-a-will-should-i-use-an-attorney-or-do-it-online\/#breadcrumbitem"}]}]