Page 9 - Jupiter West - March '21

Jupiter West, Page 9
Common Mistakes With DIY Estate Plans

Part Three Of Three be legally valid. For example, a will typically requires the your DIY will is not valid, your property and money will
signatures of two witnesses, but state law differs regarding go to heirs specified by state law – who may not be the
Submitted by Anné what is necessary for a will to be validly witnessed. Some people you would have chosen. An unfunded trust will
Desormier-Cartwright JD states require not only that the will be signed by the will be ineffective. Banks may not accept a generic power
The Internet offers all maker and the witnesses, but also that they all must sign the of attorney you found on the Internet. Laws affecting
the information and tools will in each other’s presence. In other states, witnesses are not your estate plan may change. These are just some of the
we need at our fingertips to required to be in the same room when the will maker signs mistakes or unforeseen issues that could cost your family
create our own estate plan, the will, and they can even sign it later if the will maker tells dearly. An experienced estate planning attorney is aware
right? Consumer Reports , them his or her signature is valid. Similarly, for a valid power of any trends in the law that could dramatically affect your
®
an independent nonprofit of attorney, some states require only the signature of the estate plan and has the expertise needed to help you design
consumer watchdog group, principal (the person who is granting the power of attorney) and create a comprehensive plan. Call us today so we can
created wills using the DIY to be notarized, but some states require the signatures of help provide you and your family with the peace of mind
websites and asked three both the principal and the agent (the person who will act on that comes from knowing that you have an estate plan
professors to review them. behalf of the principal) to be notarized. In other states, one that accomplishes your goals and will avoid unnecessary
Although the professors found that the wills drafted using the or more witnesses are required – and these requirements may attorneys’ fees, headaches, or conflict for your grieving
DIY services were better than wills drafted by non-lawyers on also differ depending upon the type of power of attorney family when you pass away.
their own, they were inadequate to fully meet the needs of most (financial vs. medical) you are trying to execute. If you seek If you have questions about your estate plan and what
consumers. Although your DIY “estate plan” may initially cost the help of an estate planning attorney, you can rest assured documents you should have in place to plan your estate,
very low, it may end up being much, much more expensive that all of the “i’s” are dotted and the “t’s” are crossed, and schedule a free consultation today by calling our office
than an estate plan designed by an experienced estate planning that your intentions will not be defeated because of mistakes at (561) 694-7827, Anné Desormier-Cartwright, Esq.,
attorney. This is a series of three articles to address this need. made during the execution of your documents. Elder & Estate Planning Attorneys PA, 480 Maplewood
DIYers Frequently Make Mistakes In Executing The Plan We Can Help Drive, Suite 3, Jupiter, FL 33458.
Under the law, there are certain requirements that must A DIY estate plan can lead to a false sense of security The content of this article is general and should not be
be met for wills and other estate planning documents to because it may not achieve what you think it does. If relied upon without review of your specific circumstances
by competent legal counsel. Reliance on the information
herein is at your own risk, as it expresses no opinion by
the firm on your specific circumstances or legal needs.
An attorney client relationship is not created through the
information provided herein.
To comply with the U.S. Treasury regulations, we must
inform you that (i) any U.S. federal tax advice contained
in this newsletter was not intended or written to be used,
and cannot be used, by any person for the purpose of
avoiding U.S. federal tax penalties that may be imposed
on such person and (ii) each taxpayer should seek advice
from their tax advisor based on the taxpayer’s particular
circumstances.

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