Why You Shouldn’t DIY Your Estate Plan | NC Elder Law

Attorney Jane Dearwester

With easy access to technologies like AI and Chat GPT, do you really need an attorney to put together a proper estate plan? The quick answer is: yes. As automated technology resources become our collective go-to for information on every imaginable topic, there are some areas and topics – like the practice of law – where a robot or software program cannot replace a competent and creative professionally trained human being.

Personal interaction with a skilled professional always results in the seeker receiving the best advice and the best results. The cost of DIY with estate planning has incredibly personal and adverse financial consequences if not done correctly and in accordance with the applicable state laws. If your Power of Attorney document is not valid, it could cost you your life in an emergency. If your Last Will and Testament is not valid, your assets could become subject to creditor claims and it can lead to expensive litigation and strife between your loved ones after you’re gone. For a myriad of reasons, estate planning is a professional business for a reason.

There is no one-size-fits-all estate plan. Every family and every person within that family is unique and has a unique set of needs and financial obligations. While one person may only own a primary home and have a few bank accounts, the next person may be a small business owner or an antique car collector. Robots and software programs are not able to synthesize the information necessary to give you the advice needed to protect your assets and to avoid probate. Your best bet is a licensed North Carolina elder law attorney – and you are now one step closer to making that connection with McIntyre Elder Law.

DIY estate plans may sound easy and cost-effective to some people, but the risks of attempting to DIY your estate plan or other legal documents far outweigh the money you think you saved on the front end. And, sometimes, the fallout from DIY estate planning can cost you exponentially more money on the back end after your form documents fail to protect you, your assets, and your loved ones. Here are just some of the reasons that attempts to DIY your estate plan are risky:

DIY is Never a Substitute for Advice of a Legal Professional

Would you let someone who watched a YouTube video perform surgery on you or your loved ones? Of course not! If law school was easy – everyone would do it. However, legal training requires a minimum of seven years of higher education (undergraduate and law school), passing the bar exam, and countless hours of continuing legal education over the span of an attorney’s professional career. The practice of law is a complex and technical profession that requires highly specialized training and experience. It is not something that can be replicated or replaced by robots, blank forms, AI, or Chat CPT prompts. Always hire a professional if you want professional results. Your assets and your family deserve the best protection.

DIY Estate Planning Documents Often Fail

The most common problems with DIY legal documents is that they are not in compliance with state and federal laws, which can make them worthless and give the signer a false sense of security. For example, when an improperly drafted or signed power of attorney document fails, it can cause a family to spend $6,000- $8,000 (or more) in legal fees on a legal guardianship proceeding, instead of spending a few hundred dollars for a North Carolina licensed attorney to draft a proper document. An invalid will can cause an estate to be proportioned among remote heirs who otherwise were to be disinherited or to an estranged family member. Also, when a DIY will fails a surviving spouse can end up owning property with adult (or minor) children from a previous marriage – which is a common scenario for litigation and family strife.

There is No DIY Form for Every Situation

Without the advice of an experienced attorney, many things can be left out that a blank form just does not and cannot accommodate. For example, if you have a disabled family member or child, there is no DIY blank form trust that is going to protect your loved ones or your assets. A trust is something that must be drafted by a professional. The more complex your family dynamics are, the more you need a customized estate plan. We work with many blended families and LGBTQ+ families and those family structures provide many opportunities for family strife if a proper plan is not put into place proactively.

DIY Forms Offer No Ongoing Support

Another benefit of working with a professional estate planning attorney is having ongoing support over the years. An estate plan is a dynamic project that must be revisited by each person after experiencing any major life change. A major life change can be a marriage, a divorce, births, deaths, buying or selling real estate, buying or selling a business, or transitioning to long term care.

DIY Estates End Up in Court

A lack of proper estate planning can lead to disputes and litigation within the family. Sometimes that litigation and the costs associated with arguing over an estate can consume all of the assets in the estate and leave the family members with little or no inheritance.

Start or Update Your Plan with McIntyre Elder Law

Protecting your legacy, your assets, and your loved ones is far too important to leave to chance — or to an impersonal, one-size-fits-all form. At McIntyre Elder Law, we take the time to understand your unique needs, create a customized plan that actually works, and stand by you for the long haul. Don’t wait until it’s too late or too costly to fix.

Schedule your free consultation today and let our experienced North Carolina elder law attorneys give you the peace of mind you deserve.

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📞 Call us at 1-888-999-6600
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