potterlaw

North Carolina and Kentucky Estate Planning Attorneys

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KY (606) 324-5516
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Can I Plan My Own Estate Using Template Documents?

August 25, 2014 by John Potter

Can I Plan My Own Estate Using Template Documents?Estate planning involves the execution of legally binding documents. There are websites on the Internet that sell generic template legal documents, including estate planning devices. They contend that you can plan your estate simply and easily using downloads or worksheets that they sell to their visitors.

Is do-it-yourself estate planning truly effective? This is a question that was asked by the highly respected magazine Consumer Reports in 2012.

Conflicting Clauses

Three legal professors were engaged by the magazine to examine last wills that were created using worksheets obtained from three different websites that sell legal documents. The professors said that unintended consequences could result if you use these online tools. They specifically mentioned the possibility of conflicting clauses.

Ultimately, Consumer Reports could not recommend DIY estate planning solutions.

Additional Considerations

During the study that was conducted by Consumer Reports, last wills were constructed and examined by the experts. The proper execution of a given document is one thing to consider, but what about the choice of document or documents?

Are you sure that you should use a last will to facilitate future asset transfers to your loved ones? If you use a will, the will must be admitted to probate.

Probate is a legal process that comes with certain drawbacks. It is a public proceeding, so anyone who was interested could find out how you distributed your assets. There are often considerable expenses that can accumulate during probate, and it is a time-consuming process. The heirs do not receive their inheritances until after the estate has been probated.

There are other devices that can be used to arrange for asset transfers outside of probate. A revocable living trust can be an effective choice for many people.

Are you comfortable creating a revocable living trust using a generic document that you purchased online?

There are other things to take into consideration. Would you like to protect assets from legal judgments? Do you have estate tax concerns? Would you like to protect a loved one from his or her own poor money handling ability? Do you have someone with special needs on your inheritance list? Do you want to pass along assets that have appreciated considerably?

All of these different circumstances can be appropriately addressed through the execution of the correct documents. The average layperson is not going to be aware of all of the legal devices that can be utilized.

When you plan your estate you are passing along everything that you have earned to the people that you love the most. This is a rather profound endeavor. Do-it-yourself projects can be rewarding, but you have to know where to draw the line.

Free Report on DIY Estate Planning

If you would like to learn more about DIY estate planning, download our in-depth special report. The report is being offered free of charge, and you can get your copy through this link: DIY Estate Planning Report.

 

 

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John Potter

Latest posts by John Potter (see all)

  • What Happens If I Leave Assets Out of My Living Trust? - February 15, 2019
  • What are the Advantages of an Irrevocable Trust? - February 14, 2019
  • Charlotte Medicaid Attorneys Explain How to Protect Healthy Spouses - February 11, 2019

Filed Under: Estate Planning

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Testimonials

John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.
David J.
My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.
Jillian
Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.
DKS & KMS

Where We Are

Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

CHARLOTTE
15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

Huntersville

HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
Phone: (704) 944-3245

Northern Kentucky

NORTHERN KENTUCKY
7310 Turfway Road
Suite 550,
Florence, KY 41042
Phone: (859) 372-6655

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