DIY Estate Plans Fail
Many people don’t realize that estate planning involves much more than just filling out legal forms. Without a thorough understanding of how the legal process works upon your death or incapacity, you’ll likely make serious mistakes when creating a do-it-yourself (DIY) estate plan. Even worse, these mistakes won’t be discovered until it’s too late—and the loved ones you were trying to protect will be the very ones forced to clean up your mess.
Estate planning is supposed to keep your family out of court and out of conflict if you become incapacitated or die. But DIY estate plans can make the court cases and family conflicts far worse and more expensive.
Here are some common complications you’re likely to see with DIY estate plans.
1. Improper Execution
To be considered legally binding, some planning documents must be executed (signed and witnessed or notarized) following very strict legal procedures. For example, many states require that you and each witness to your will sign it in each other’s presence. If your DIY legal documents don’t mention that (or you don’t follow the instructions) and you fail to follow this procedure, the document can be worthless.
2. Not Adhering to State Law
State laws are also very specific about who can serve in certain roles like trustee, executor, health care decisionmaker or financial power of attorney. For example, in some states, the executor of your will must either be a family member or an in-law, and if not, the person must live in your state. If your chosen executor doesn’t meet those requirements, he or she cannot serve.
3. Unforeseen Conflict
Family dynamics can be complex. This is especially true for blended families, where spouses have children from previous relationships. A DIY service cannot help you consider all the potential areas where conflict might arise among your family members and help you plan of to avoid it.
When done right, the estate planning process is an opportunity to build new connections within your family, and I am trained to help you with that. I have seen the impact of families ripped apart due to poor planning. I have also seen families brought closer together because they handled these matters the right way. I want that for your family.
4. Thinking a Will is Enough
Many people believe that creating a will is enough to handle all of their planning needs. However, this is rarely the case. A will, for example, does nothing in the event of your incapacity, for which you would also need a healthcare directive and/or a living will, plus a durable financial power of attorney. Furthermore, because a will requires probate, it does nothing to keep your loved ones out of court upon your death. And if you have minor children, relying on a will alone could leave your kids vulnerable to being taken out of your home and into the care of strangers.
There are also a host of other reasons why trying to create an estate plan on your own can be a recipe for disaster. That’s exactly why I chose to do what I do – to help people like you take control of your legacy and future by empowering you with the knowledge and support you need to create a solid estate plan.
Attorney Myrna Serrano Setty is a compassionate Florida attorney with extensive experience helping Tampa and Wesley Chapel families complete their estate planning. All too often, estate planning law lacks the human touch and voice to make it accessible to everyday families, which Attorney Myrna Serrano Setty is doing her best to remedy by empowering them through her writing.
Connect with The Law Firm Of Myrna Serrano Setty, P.A. for helpful insights and clear analysis of Florida estate planning laws to ensure your legacy and wishes will be protected.
Call Now to Schedule Your Free 15 Minute Discovery Call (813) 686-7175
Crafting Your Unique Legacy: Why Choose Our Distinctive Approach To Estate Planning
When it comes to estate planning, probate, and elder law, I don’t just know it – I live it. This isn’t just another practice area for me. It’s a calling inspired by my personal experiences and my desire to spare others the heartache that my own family has faced.
Furthermore, my dedication isn’t spread thin. I’m laser-focused on these areas, constantly honing my skills through continuing education classes and materials. This deep knowledge translates into tangible benefits for my clients. This means that you can think of me as your personal guide through the legal maze, someone who’s familiar with the different twists and turns and who can help you reach the other side.
I also firmly believe that being an effective attorney isn’t just about an expansive understanding of the law. It’s about understanding your unique needs and concerns.
When we meet for a consultation, we will clarify where you stand now with our laws in Florida and what would happen to you and your assets if you were to become incapacitated or die. We also go over the different levels of planning available based on your individual facts and needs.
You might be thinking that you don’t need this because your situation is “simple” and that you just need “something simple.” If you do need a “simple plan,” we can work on that together during your consultation. But we won’t know what you really need until we talk about everything that you own, the people that you love and what you want for yourself and your loved ones when you become incapacitated or pass away.
When you choose me, you’re choosing more than just an attorney. You’re choosing an ally, someone who’s invested in your family’s well-being and dedicated to guiding you toward a better, more secure future. I hope that in these pages, you have found information that brings you closer to forging a legacy that you and your family can be proud of – and if you’re ready to get started on that journey, I’d be happy to sit down with you and figure out how you can take the first steps together.
For more information about The Benefits Of Working With An Attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 686-7175 today.
Attorney Myrna Serrano Setty is a compassionate Florida attorney with extensive experience helping Tampa and Wesley Chapel families complete their estate planning. All too often, estate planning law lacks the human touch and voice to make it accessible to everyday families, which Attorney Myrna Serrano Setty is doing her best to remedy by empowering them through her writing.
Connect with The Law Firm Of Myrna Serrano Setty, P.A. for helpful insights and clear analysis of Florida estate planning laws to ensure your legacy and wishes will be protected.
Call Now to Schedule Your Free 15 Minute Discovery Call (813) 686-7175