Online Wills – There’s No Free Lunch
By Julie Kreutzer
Online forms for wills are very popular because they are extremely economical and quick to do. Some sites are free while others have a minimal cost. In fact, it’s hard to imagine why anyone would pay an attorney to do a will when it is so cheap and easy to do one on-line. Allow me to justify my existence (as well as that of other attorneys who do estate planning):
An On-Line Will Is Often Missing Important Related Documents – Most on-line wills and forms available through the Internet are just a Will. Estate planning most attorneys do include related documents that protect you during your lifetime and your heirs when you pass. For example, our flat fee package includes a Will, Advanced Medical Directive (which says what you want done if you are so ill or injured you can’t speak for yourself), Medical Durable Power of Attorney (it gives your agent the power to make decisions for you if you can’t speak for yourself because of illness or injury), General Power of Attorney (which allows your agent to handle certain business and financial items; useful if you are incapacitated), burial memorandum (so that those closest to you know what you want done), and personal property memorandum (your personal things that are significant to you and others) and Summary of Assets and Liabilities (which gives your Personal Representative crucial information on your assets and debts as well as how to get access to them. I never see this document, it’s just for the client and their Personal Representative).
Colorado law vs. Generic Law or Law from other States – Some on line wills do not respect the laws of Colorado and so they might fail in probate court. There are a few, more sophisticated online packages that ask what state you are from, but many do not. There are so many errors and omissions from these wills that it’s hard to cover them all. One short example is that Colorado requires a notary to witness the will or two witnesses. Which means probate court won’t accept it.
Online Wills Miss Critical Issues –A two page will or printed form that is done in ordinary language sounds appealing but it’s a cookie cutter, one size fits all kind of form that might be missing crucial items. As an example, if I am doing a will for a person who is living with someone they are not married to, I need to specify if the partner is going to be the Personal Representative and what rights they might have to which assets, as well as other variables like whether the partner can continue living in the residence and for how long, which is important if the deceased person owns the residence or has part ownership. Most Wills don’t differentiate between what a person might want for their partner, relative to what they want for their family. I did a consult with a partner who was thrown out of the house she lived in after her boyfriend died in an accident. She received absolutely nothing as it was his house and she couldn’t prove what property was her own, much less receive any of his assets or even be allowed a few days to make alternate living arrangements.
Online Wills Don’t Ask Enough Questions – Most online forms lack the sophisticated programming to ask all the important questions. Many of my clients say that they have a simple, straightforward will but it soon becomes clear there are some things unique to that client and their family which means adding in specifics so the documents are tailored to the individual and meet their needs. For example, if they don’t want an individual to be present at the hospital or receive assets even though they’re a close relative.
Online Wills Don’t Explain Enough or Give Options – I’ve actually done some online wills to prepare for this article and I’ve noted they don’t explain much and they certainly aren’t designed to answer questions or advise you on specifics. For example, if I know a possible Personal Rep and Medical Agent now lives in Japan, I’ll suggest we look at different people because it will be far more difficult for this person to help you.
Online Wills Don’t Know When You Don’t Get It – Many people are unfamiliar with legal terms and they will mistakenly fill in an online form incorrectly. That makes for an interesting probate case with the judge and personal representative trying to understand what the Will means and what to do about the errors. I did a probate case where the deceased did a quick will before surgery but didn’t make it. Unfortunately, he thought a legal term related to a topic other than property. So, it was a little difficult figuring out the property issue. That can lead to expensive probate that doesn’t necessarily result in what was intended.
Online Wills Don’t Advise You On What To Do After You Do Your Will – This relates to getting it signed properly, where to put the documents and what additional information should go with them so that the people you name to assist you have the information they need. It also doesn’t communication with people who you’ve empowered to do various things or updates on the document.
Beware of free or nearly free legal work – it is as likely to be useful and safe as doing your healthcare by google search.
If you want a free half hour consult for your estate planning, email me atjkreuterlaw@gmail.com or call 303-417-0697. I offer flat fee packages that cover all the important documents, meetings, communication and getting the documents signed properly as well as what should be done after the documents are completed.
