"Can I Write My Own Estate Plan?"

       Many people are intimidated by the anticipated costs and complexities of preparing an estate plan with the help of an attorney. Due to these concerns, some individuals choose to prepare and draft their own estate plan using online documents and software or, in some cases, fill-in-the-blank forms purchased at a store. While drafting your own estate plan may seem like a convenient and affordable idea, estate planning mistakes can lead to complicated and costly legal problems.   

         For example, Vidovich Law worked on a case where the decedent (i.e.: the individual who passed away) drafted his own Last Will and Testament without consulting an attorney.  After writing his initial Will, the decedent proceeded to draft three more Wills. To complicate matters further, each Will gave the decedent’s assets to different family members or beneficiaries. The decedent failed to revoke (or cancel) any of the Wills prior to his death and, therefore, four Wills were in existence when he passed away. Unfortunately, a legal fight ensued after the Estate was opened as various family members argued over which Will should be considered the decedent’s true and proper Last Will and Testament.  This legal battle lasted for months and cost the decedent’s Estate quite a bit of time and money.  

         We promise that the estate planning process is not as overwhelming and confusing as you may believe. It is important to have a proper estate plan in place and therefore we encourage everyone to consult with an estate planning attorney to create an appropriate estate plan for your needs. While we don’t advise drafting your own estate plan using online documents or programs, these online services can assist you while you are preparing to meet with the attorney to discuss your case. 

Kate O. Vidovich is an attorney located in Columbus, Ohio