As the recession deepens, more Americans are trading high priced attorneys for DIY estate planning kits online. Yet despite the appealing cost, do online estate planning kits really have what it takes to protect your children, assets or wishes should something happen to you? An Atlanta estate planning attorney cuts through the hype to reveal when you can go it alone and when DIY planning is a financial disaster in disguise.
ATLANTA, GEORGIA - Who needs a $300 an hour estate planning lawyer when you can buy an entire DIY will kit online for under $100?
That's the question most Americans find themselves asking lately, as the creation of computer generated wills, trusts and other estate planning documents make DIY planning seem like a very budget-savvy choice.
Yet do these documents really hold weight in the Georgia probate courts and will they truly protect your children, assets or wishes should the unthinkable happen?
It depends. Certainly someone with no children and assets under $100,000 could possibly benefit from DIY estate planning. The real problem, though, is that you don't know what you don't know and like anything in life, one size rarely fits all. In the case of estate planning, one simple mistake can cost your family thousands of dollars and years of headaches if death or incapacity unexpectedly occurs.
So what situations warrant meeting with a qualified estate planning professional over a budget-friendly kit online? Consider the following:
1. You've been divorced or remarried- DIY kits rarely take into account the complexities of divorce, remarriage or having children from a previous marriage. Without proper guidance, a mistake in this area could cause a number of problems, including a spouse losing out financially to a child from a previous marriage (as was the case with Ana Nicole Smith) or the disinheritance of children.
2. You have children- If you review documents from a popular online will kit you will often find boilerplate language stating that future children were disinherited under the plan. This really shows just how dangerous these kits can be for parents with minor children. DIY kits also fail to advise parents of the best way to leave an inheritance to their children, thus setting the stage for money problems down the road.
3. You're in an alternative living situation- Gays, lesbians and life-partners should always meet with a qualified professional when planning for their death or incapacity. Unfortunately, the laws are not on the side of people in non-traditional relationships, so you should always get professional guidance to ensure your family stays protected physically and financially should tragedy strike..
4. You have a special needs child- Parents of special needs children must be extremely cautious when using DIY estate planning kits online. Many parents fail to realize that leaving money outright to a special needs child can jeopardize their ability to qualify for Medicaid or other benefits in the future. Such kits fail to properly advise parents of guardianship issues and other ways to make sure their child is properly cared for in their absence.
It only takes one tiny oversight in a DIY estate plan to cause the entire thing to backfire, or even become null and void in Georgia or in other states. And of course, by the time people realize such a problem exist, it's often too late to go back or costs a fortune to fix. Being a DIY'er is fine, but recognize your limitations. And when it comes protecting your assets, wishes and your children do the same and seek the counsel of a professional lawyer that can guide them through the process.
Stephen M. Worrall is an experienced family law and wills, trusts and estate planning attorney in Marietta, Georgia. He concentrates his practice in all areas of family law, including divorce, adoption and prenuptial agreements. He also helps families plan to protect their assets and their children in the event of their death or incapacity, and to transfer their whole wealth - their financial, intellectual, and spiritual assets - to their loved ones.
http://georgiafamilylaw.com
http://georgiawillslaw.com
GeorgiaFamilyLaw.com: Worrall Law LLC
109 Anderson Street
Suite 100
Marietta, GA 30060
Office: (770) 425-6060
Fax: (770) 424-5956
No comments:
Post a Comment