3 issues caused by downloading a will template from the internet

Many people recognize that they should have estate plans but may procrastinate about actually drafting documents. Others may try to handle the process in the quickest, cheapest way they can. The internet has seemingly provided a viable alternative for those who don’t want to discuss the possibility of dying with an attorney. They can simply download documents from the internet and fill them out on their home computers as a way of establishing a will. While that may seem to be a viable solution in many cases, it opens people up to a variety of potential pitfalls. What are some of the most concerning issues that come from the creation of digital estate planning documents? Unsigned, unwitnessed documents Digital documents generally are not legal or enforceable under state law. Not only do the documents lack the physical form typically necessary for probate court consideration, but they may also lack signatures. The person drafting a will has to sign it for the document to be valid. They also need to have the signatures of two adult witnesses to create legally valid documents. Digital wills that people download may not serve their purpose after someone dies because they don’t meet the baseline requirements for a valid will. Terms that violate state law In addition to the baseline requirements for signatures and witnesses, there are a host of other probate rules that govern what people include in estate plans. Without the advice of a lawyer, testators can potentially make mistakes regarding the terms that they set in their documents. They may include illegal provisions. The documents they downloaded might actually be based on the requirements or templates used in another state. It’s very easy for those executing digital documents to create papers that violate state statutes. An inability to locate the documents Even in a scenario where a testator prints their documents and has witnesses sign them to attest to their mental capacity, they run the risk of their loved ones overlooking their wills after they die. They may store them where people don’t find them until years after completing the probate process, if ever. One of the many ways that an attorney assisting with the estate planning process helps is by advising someone on how to store their documents and communicating with their surviving family members about the estate plan. Investing a little bit of time, effort and money into the creation of a will with the help of an attorney can provide more peace of mind and legal protection than just downloading documents from the internet. Customized documents can help people establish a legacy and may include protections for when they experience personal emergencies, not just terms for property distribution after their death.The post 3 issues caused by downloading a will template from the internet first appeared on Scott + Hespen Law, PLLC.