DIY Estate Planning: Why Shortcuts Could Cost Your Family

When it comes to protecting your family’s future, estate planning is one of the most important steps you can take. While DIY estate planning tools might seem appealing, they often come with hidden risks that can lead to costly and emotionally draining consequences. At Hermance Law, we’ve seen firsthand how these mistakes impact families, and we’re here to share some critical insights so you can make informed decisions about your estate plan.

Can DIY Estate Plans Really Save Money?

Many people turn to online estate planning platforms to save money upfront. However, these tools don’t account for California’s complex estate planning laws, leading to serious issues down the line.

For example, a client once came to us after their father passed away, leaving behind a DIY trust for his $2 million estate. The father had assured his family the plan was complete, but upon review, we found that the trust was not properly signed. Because California requires valid execution of estate planning documents, the trust was deemed invalid, and the estate had to go through probate. This cost the family upwards of $40,000 in fees, along with unnecessary stress and delays.

The lesson? DIY tools often give a false sense of security. While the upfront cost might be lower, the long-term consequences can be devastating.

The Importance of Proper Execution in Estate Planning

California has strict requirements for wills and trusts to be legally valid. Unfortunately, DIY platforms often fail to guide users through these critical steps.

In another case, a client used a DIY platform to create a will for their sick father. Although the will was notarized and signed, it lacked the two required witness signatures, rendering it invalid under California law. The family was left with no enforceable estate plan, leading to unnecessary legal hurdles during an already difficult time.

Working with an estate planning attorney ensures your documents are executed correctly and meet all state requirements. This small step can make a huge difference in protecting your family’s financial future.

What Are Holographic Wills, and Are They Enough?

A holographic will is a handwritten document that may be legally valid in California if it meets certain conditions. However, these wills often fall short of addressing complex family dynamics or specific legal protections.

We once assisted a client whose elderly sister had created a holographic will. While the will was valid, it lacked language explicitly disinheriting her estranged son, whom she hadn’t seen in decades. During probate, the son discovered the will and successfully claimed a large portion of the estate, even though the deceased likely intended otherwise.

This situation highlights the importance of working with an estate planning attorney. A professional can ensure your plan includes the necessary language to reflect your wishes and prevent unintended claims.

Feeling Stuck With a DIY Plan? Here’s What to Do Next

We often meet clients who started a DIY estate plan but stopped halfway because they were overwhelmed by confusing legal terms or tough decisions. These clients come to us unsure of how to move forward or whether their plan will hold up in court.

If you’re feeling stuck, don’t worry. An estate planning attorney can provide the guidance and clarity you need to complete your plan with confidence. We take the time to explain your options, help you make informed choices, and ensure your plan is legally sound.

Common Questions About DIY Estate Planning

1. Can I use a DIY platform and have an attorney review my plan? While this is an option, it’s often more cost-effective to work with an attorney from the start. Estate planning attorneys provide personalized advice and ensure your documents are not only valid but also comprehensive enough to address your unique circumstances.

2. What happens if my DIY plan is invalid? If your estate planning documents don’t meet California’s legal requirements, your assets may need to go through probate, a process that can be costly, time-consuming, and stressful for your loved ones.

3. Are holographic wills ever a good idea? While holographic wills can be valid in California, they are rarely sufficient for addressing complex estates or family situations. An attorney can help you create a plan that avoids probate and protects your legacy.

4. How much does working with an estate planning attorney cost? The cost of professional estate planning varies depending on your needs, but it’s a worthwhile investment. Compared to the potential expenses of probate or legal disputes, professional planning can save your family significant time and money.

Protect Your Legacy With Professional Estate Planning

Your estate plan is too important to leave to chance. At Hermance Law, we’re dedicated to helping Californians create customized estate plans that protect their families and honor their wishes. By working with our experienced team, you can avoid the pitfalls of DIY planning and gain peace of mind knowing your legacy is secure.

Book a free consultation today by visiting www.hermancelaw.com or calling 805-749-5313. Let us help you safeguard your future and protect what matters most.