The Risks of DIY Estate Planning: Why Professional Guidance Matters

With the growing accessibility and sophistication of artificial intelligence and online legal services, advertisements encouraging people to create their own estate planning documents through platforms such as Trust & Will, LegalZoom, and others have become increasingly common. While these ads help raise awareness about the importance of planning ahead, including having documents like a Last Will and Testament, Power of Attorney, and Health Care Proxy, I strongly recommend consulting an experienced estate planning attorney before attempting to prepare these complex legal documents on your own. Doing so without proper guidance can easily result in invalid or incomplete documents and a host of unintended consequences.

Over the course of my career, I have seen firsthand how poorly drafted “do-it-yourself” (DIY) legal documents can create major problems for families. The financial and emotional costs of fixing these mistakes often far exceed what it would have cost to hire an attorney in the first place. From my discussions with clients who have tried DIY estate planning, three recurring themes tend to emerge: cost, convenience, and incorrect or incomplete information. Let’s take a closer look at each.

Cost

Many online legal services attract users with low prices and promises of quick results. These platforms generally rely on a “one size fits all” model that cannot account for the unique details of each person’s situation. Some services attempt to tailor documents by asking a series of standardized questions, but this cannot replace a personal conversation with an experienced attorney who knows what follow-up questions to ask.

During my own consultations for example, I often hear clients say, “I never thought of that!” after discussing scenarios they hadn’t considered. Estate planning isn’t just about filling in blanks, it is about understanding your life circumstances and planning for the unexpected.

Because every client’s situation is different, it is impossible to apply a uniform price or template. For example, a single individual with several significant investment accounts and multiple real estate properties will have very different estate planning needs than a married couple with children, one home, and modest savings.

While a $100 “instant” Last Will and Testament might sound appealing, it can easily create serious problems later. Imagine your family, already grieving your loss, being forced to untangle an incomplete or invalid Will. Or consider a scenario where you become incapacitated, and your Power of Attorney document doesn’t grant sufficient authority for your appointed agent to handle your necessary affairs, now requiring your loved ones to petition a Court for legal guardianship, a costly, stressful, and time-consuming process. Working with an attorney from the start can prevent these outcomes and provide peace of mind.  In addition, the cost to have an experienced attorney prepare the appropriate estate planning documents is often not as significantly more expensive than the DIY process as many may think.

Convenience

It’s easy to understand the appeal of creating legal documents from the comfort of home, especially for those who feel uneasy about visiting a law office. However, many attorneys, including those at Herzog Law Firm, now offer virtual consultations and document review options. Modern technology allows you to plan your estate efficiently and safely without sacrificing quality or accuracy.

Our office, for example, offers free initial consultations by phone, video conference, or in person, including home visits for those in need. This gives clients the opportunity to ask questions and receive professional legal advice tailored to their needs—without any pressure or obligation. We can provide electronic drafts for review. In other words, you can still enjoy the convenience of modern technology while ensuring your documents are prepared correctly by qualified professionals.

Incorrect or Incomplete Information

The internet is full of legal information, but much of it is inaccurate, outdated, or simply doesn’t apply to your personal circumstances. Laws vary by state and frequently change, so using the wrong information or misinterpreting information can have serious consequences. DIY estate planning sites may not address important contingencies or explain the differences between similar-sounding legal documents.

For example, a quick search of popular DIY legal sites resulted in the same type of document labeled with different names, advertised for different reasons. Without the guidance of a trained professional, it’s easy to choose the wrong document or overlook critical details.

Unlike DIY services, licensed attorneys are bound by professional and ethical standards to provide accurate, state-specific legal advice. Our licenses, professional reputation, and our clients’ trust depend on it. When it comes to estate planning, the old saying holds true: you get what you pay for.

The Bottom Line

While creating an estate plan does require you to consider unpleasant topics, procrastination can lead to hasty and impulsive decision making or worse, being too late to competently and legally state your intent.  A carefully prepared plan ensures your wishes are honored and your loved ones are protected.

The peace of mind that comes with knowing your affairs are in order is invaluable. Before you are tempted by low-cost, generic online services, take the time to speak with a qualified attorney who can create a plan designed specifically for you.  Many firms, like the Herzog Law Firm, offer a free initial consultation.

For something as important as your future care and legacy, do yourself and your family a favor and consult with the experienced estate planning attorneys like those at Herzog Law Firm. The time to plan is now.