I am amazed at how many people ask me, “Can’t I just write my Will myself or use some online tool to make one? Why do I need to pay you?”. The answer lies not in the ability to make a written document, but whether that DIY document will actually achieve what you want it to. Here are the most common mistakes I see when a client brings me a self-written, DIY Will for review:
- Improper Execution – A client showed me his self-created Will, with two witness signatures and a notary. Unfortunately, the two witnesses were his wife and his 12-year-old son. In Georgia, a valid Will requires two witness signatures; but those witnesses cannot be beneficiaries of the Will and each must be 14 years of age or older.
- Leaving Assets to the wrong people or the wrong way – My friend wrote a Will using an online service and showed it to me. In it, she had left everything to her husband and their child. What she didn’t realize, by doing that is if she passed tomorrow, she would be leaving 50% of her estate to her husband, and 50% to her 15-month-old child. That was not her intention, but it is what she wrote and if it had been her Last Will it would have created quite a headache for her family, instead of making things easier as she intended.
- Requiring Bond and Inventory – Under Georgia law, if there is not a specific provision waiving the requirement for an Executor to post bond and inventories, the person managing your estate could have a lot of hoops to jump through and increasing court costs as they navigate the probate process. Your Executor is probably overwhelmed, don’t make it more difficult for them.
- Failing to Account for Minors or Disabled Persons– From forgetting to name guardians anywhere in a document, to leaving hundreds of thousands of dollars outright to young children or young adults, many clients fail to consider that minors need specific planning. Even if you name a spouse or adult as the first person to inherit, consideration must be made for the death of that person and who would inherit after. Additionally, we do not know what life will throw our way and having the correct provisions that care for someone if they become disabled is an invaluable planning tool. I had a client who wanted to make sure her disabled daughter was cared for in the event she passed. When reviewing her Will, I noticed that she left all of the money to her daughter, which was a big mistake. I explained that if her daughter received the money outright she would be disqualified from her current Medicaid payments and she would instead have to use all of her inheritance before she could re-qualify. Instead of improving her daughter’s lifestyle, the money would have been a burden.
- Making DIY changes – A client came in to probate a Will that had notes in the margins, names crossed through and whole sections crossed out. The Will was the original document, which is required for probate, and rather than writing a new one, they simply made the changes they wanted in the document. Unfortunately, none of these changes were legal and the original Will was now much harder to read. Instead of saving money, they cost their beneficiaries most of their shares as they fought over the assets in court. What would have been a few hundred dollars to fix, turned into a long and expensive lawsuit.
At Grissom Law we help individuals and families make plans for all of life’s possibilities. We employ staff to serve as witnesses and include provisions that are many times overlooked when a DIY Will is created to ensure that your loved ones are protected and planned for. Call our office at (678) 781-9230 to set up a consultation. We make planning easy.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.