ABA Family Legal Guide

Estate Planning

Estate-Planning Basics

Working with a Lawyer

Why can't I just use a book, or one of those computerized "will kits" I've seen in bookstores and do it myself?

For some people—those with very small or otherwise uncomplicated estates (no real estate, for example), such alternatives might provide sufficient help. Make sure that a book or kit is up-to-date and thorough, especially since probate laws vary from state to state.

But these alternatives don't provide you with legal expertise to review your work. Do-it-yourself books and kits, some lawyers say, have caused more work for lawyers (and bills for clients) than they have avoided. Once you begin totaling up all your assets, you may be surprised to find that your estate is larger than you thought, meaning a simple will isn't enough. At the same time, family relationships are becoming more complicated. Today, a do-it-yourself will might not do the job.

What's more, most do-it-yourself alternatives can't tell you what strategies you might be able to take advantage of to save money or to make sure your wishes are accomplished. Estate planning for most people should consist of more than just a will: IRAs, insurance, living trusts, and other elements can be a money-saving part of the mix. The precise mix that's best for you is as unique as your circumstances.

And because they cannot give legal advice, many alternative estate providers often fail to inform you when there might be a better (and cheaper) way to accomplish your goals. For example, a recent New York Times story recounted a reporter's experience with one such service. He wanted to leave his father part of his estate, but require the father to bequeath anything left over when he died to the reporter's children. "The service would not—could not—tell me that such a proviso is not binding (something I have since confirmed with a lawyer, who pointed out other ways to accomplish my goal)," he wrote. "I might have died in the naïve belief that my children were protected."

Law firms have other advantages—witnesses available (wills must be signed in front of witnesses to be effective), codes of conduct that protect clients' confidentiality, and, most of all, lawyers who know the various alternatives the law affords.

Although many people will fit a standard form, many more have unique situations that can benefit from the custom-made advice tailored to their specific situation by a lawyer who's charged to represent their best interest. And since lawyers generally charge less for less-complicated estates, you may be able to gain the benefits and flexibility of real legal advice at little more than the cost of a computerized will kit.

Knowing that your will and estate plan will pass legal muster will help you sleep better at night—and that peace of mind is worth a few dollars more.