Do I need an attorney to create a will?
Technically, no, but in reality, absolutely! While there are many online services and providers of “do-it-yourself” will kits, software programs and printed forms claiming that you do not need an attorney to create a will, these services and forms create a generic will that is not customized to a person’s individual situation or the requirements of the laws of the state in which the person resides. The risk of creating an invalid will or a will that does not accomplish what the testator really wanted is a very real possibility in all but the simplest of cases. Therefore, it is strongly recommended that anyone interested in making a will work with an attorney in creating it.
You have spent a lifetime creating your circle of loved ones as well as your estate. Investing in effectively planning for both after your passing is well worth the effort.
The benefits of using an attorney include:
- a will and estate plan drafted to meet your personal wishes and the requirements of your state
- minimizing the risk of litigation, contested wills, and other problems in transferring property to heirs
- minimizing the imposition of fees and costs on your estate
- better understanding of how your assets are held (sole owner, joint tenancy, etc) and what the resulting ownership issues will be when you pass away
- revisiting beneficiary designations
- better understanding of how your will will be executed
- an experienced legal professional takes responsibility for the content and execution of the document
