CNJ+ August 2024

When a Simple Will Really Isn’t Simple: The Dangers of DIY Estate Planning

Sometimes, something that looks simple or easy at first glance, can turn out to be quite complicated and much, much more difficult. Estate planning is one such thing. Search online, and you’ll find tons of online do-it-yourself estate planning services. On social media, you’re probably seeing ads for products such as Will & Trust, Legal Zoom, or Suze Orman’s estate planning kit. Such forms are typically inexpensive. Simple Wills, for example, are often priced under $100, and you can complete and print them out in a matter of minutes. There are hidden complications in do-it-yourself estate planning that will make things a lot LESS simple, for you, and for those you love. (Just read a few of the comments on a recent ad, pictured here!) This is one case in which something is not better than nothing, and here’s why: A False Sense of Security Creating a DIY Will online may lead you to believe that you no longer have to worry about estate planning. After all, you got it done, right?

Wills and increasingly non-traditional families, tens of thousands of families (and millions more to come) have learned the hard way that trying to handle estate planning alone cannot only fail to fulfill this purpose, but it can also make the court cases and conflicts far worse and more expensive. The Hidden Dangers of DIY Wills From the specific state you live in and the wording of the document, to the required formalities for how it must be signed and witnessed, there are numerous potential dangers involved with DIY Wills and other estate planning documents. Estate planning is most definitely not a one-size-fits-all deal. Even if you think you have a simple situation, if you have children, that’s almost never the case. The following scenarios are just a few of the most common complications that can result from attempting to go it alone with a DIY Will: • Improper execution: For a Will to be valid, it must be executed (i.e. signed and witnessed or notarized) following strict legal procedures. • Court challenges: Before the assets covered in a Will can be transferred to your heirs, the Will must go through the court process called probate. During probate, creditors, heirs, and other interested parties have the opportunity to contest your Will or make claims against your estate. Though Wills created with an attorney’s guidance can also be contested, DIY Wills are not only far more likely to be challenged, but the chances of those challenges being successful are much greater than if you have an attorney drafted Will. • Thinking a Will is enough: It is almost never the case that a Will alone is sufficient to handle all of your legal affairs. In the event of your incapacity, you would also need a health care directive and/ or a Living Will, plus a durable financial power of attorney. In the event of your death, a Will does nothing to keep your loved ones out of court. And if you have minor children, having “just a Will” could leave your kids’ at risk of being taken out of your home and into the care of strangers. Even if only temporarily, this can be a traumatic experience for your child. In many ways, DIY planning is the worst choice you can make for the people you love because you think you’ve got it covered when you most certainly do not. If you’ve yet to do any estate planning at all, have DIY documents you aren’t sure about, or if you have a plan created with another lawyer’s help but it hasn’t been updated or reviewed in more than a few years, you should meet with an experienced Estate Planning attorney. Our team is dedicated to ensuring that your family will be kept out of court and out of conflict if something should happen to you. Contact us today to learn more.

EASY & HEALTHY DINNER RECIPE: CHICKEN, STEAMED VEGGIES AND PEANUT SAUCE Ingredients • 1/2 cup (120 ml), plus 1 tablespoon (15 ml), light coconut milk, well stirred • 4 1/2 tablespoons (67.5 ml) all-natural peanut butter (such as Adams) • 1 teaspoon (5 ml) low-sodium soy sauce • 2 large carrots peeled and cut at an angle into 1/4-inch slices • 8 ounces (227 ml) bite-size broccoli florets (about 4 cups) • 8 ounces (227 ml) green beans, trimmed (2 1/2 cups) • 1 pound (453 grams) boneless skinless chicken breast tenders • 1 lime cut into wedges Directions In a small saucepan, whisk together coconut milk, peanut butter, soy sauce, brown sugar, curry paste and turmeric and bring to a simmer over low heat. Cover and set aside. In a medium saucepan, combine 3 1/2 cups of water, ginger slices and salt. Fit a metal steamer basket into the pan. Cover and bring to a boil over high heat. Remove the lid and place the carrots, broccoli and green beans in layers, in that order, in the steamer basket. Cover reduce heat to medi um-low and steam the vegetables until crisp-tender, 6–8 minutes. Remove the steamer basket from the pan and transfer the vegetables to a serving bowl, cover loosely with foil and set aside. Add the chicken to the water in the saucepan, cover, and place over low heat. Simmer very gently (do not boil) until just cooked through, 6 minutes. Drain and discard ginger. Combine the chicken and vegetables and serve drizzled with the peanut sauce. Serve lime wedges. • 1 1/2 teaspoons (7.5 ml) packed brown sugar • 1 1/2 teaspoons (7.5 ml) Thai red curry paste • 1/2 teaspoon (2.5 ml) turmeric • 1 1/2 inches fresh ginger thinly sliced • 3/4 teaspoon (3.75 ml) salt

Except that you didn’t. Because you’re not a legal expert, you understandably thought you “got it done” because you went online, printed a form, and had it notarized. But, you didn’t investigate what would actually happen with that document in place in the event of your incapacity or when you die. Unfortunately, in the end, what seemed like a bargain could end up costing your family more money and heartache than if you’d never gotten Unfortunately, because many people don’t understand that estate planning entails much more than just filling out legal forms, they end up making serious mistakes with DIY plans. Worst of all, these mistakes are only discovered when you become incapacitated or die, and it’s too late. Then it’s not bad for you, it’s bad for everyone else in your life. The primary purpose of Wills and other estate planning tools is to keep your family out of court and out of conflict in the event of your death or incapacity. With the growing popularity of DIY around to doing anything at all. It’s Not Just About Filling Forms

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