DIY seems to be the popular, relatively new, buzz phrase. A simple search of the internet, Facebook, or Pinterest reveals a wide array of topics on which one can learn how to do just about anything. Cable television is full of networks devoted to DIY programs of the home improvement and cooking variety.

I suspect a lot of people have been binge watching these types of programs during the recent stay-at-home quarantine orders. Some people may have developed to-do lists of things to occupy their time. Others may be working on older to-do lists having finally found they have time on their hands. Maybe you have such a list, and one of the items on your list is to complete your estate plan.
So, you are at home, complying with the stay-at-home order and avoiding contact with others, and you decide to do an internet search to find out what to do to get started with said estate plan. You discover there is a lot of information and advice on estate plans at your fingertips. You also see that there are a bunch of websites to guide you through a DIY estate plan. And, you probably think, “Sounds simple enough. I can do this myself.”

DIY is simply an acronym for “do it yourself”. It implies you are undertaking an activity by yourself without the assistance of a professional. While there are a lot of things everyone can truly do themselves, there are some things for which you absolutely should hire a professional. Drafting legal documents is one of those things, and when drafting an estate plan, that professional is an attorney.

An estate plan involves a number of legal documents. The one most people think of is a Last Will and Testament. Other documents include a General Durable Power of Attorney, a Healthcare Declaration and Durable Power of Attorney, and, in some instances, a Trust. All of these documents work together to form a complete, well-rounded estate plan. At a minimum, an estate plan allows you to decide who gets what following your death, to provide for your surviving spouse, to name a guardian for your minor children, and to identify someone to make financial and healthcare decisions on your behalf if you are unable to do so. All are very important decisions and should not be left to guesswork by someone who may be coping with your loss.

You may think you know what you want your estate plan to say. All that remains is committing these ideas to paper. You find a simple, fill in the blank form for little or no expense on the internet. You type in a few answers, download and save the document, hit print, and collect a few signatures. What could possibly go wrong?

A lot!

First, there is no way the internet knows everything about you and your specific needs. The internet is not going to ask you questions to make sure you did not leave someone out or overlook something important. The internet does not know that you are purposely leaving your estranged middle child out of your estate plan. The internet is not going to know that your oldest niece gets your diamond tennis bracelet or that your antique pie cabinet goes to your cousin who still lives in the family farmhouse. These are the types of things that lead to family disputes and ugly legal battles which can divide families for generations to come.

An experienced estate planning attorney is going to have an in-depth conversation with you. An attorney is going to talk you through different scenarios so that you can avoid the types of family disputes that could arise without careful, thoughtful planning. An attorney is going to ask you about your assets, how they are titled, and if those assets have beneficiary or transfer on death designations. An attorney will discuss the differences between “probate” and “non-probate” assets since different documents address different types of assets. An attorney knows that a Will only controls what happens to your probate assets (i.e. those assets that are titled solely in your name that do not have benenficiary or transfer on death designations).

After all of this, an attorney is going to craft a document, or a set of documents, to meet the specific needs identified by you during that in-depth conversation. An attorney is going to send you drafts for review, answer any new questions you might have, and make changes as necessary before you sign those documents.

Next, an attorney is going to make sure the appropriate formalities are observed to ensure that your documents are executed in compliance with Missouri law. Missouri takes the signing of these types of documents very seriously. A Last Will and Testament requires two witnesses to be considered valid and enforceable. Think about it–Missouri wants at least two other people to be present when you sign your Will. It would be a horrible result to have your internet Will thrown out because somewhere along the line the process was not handled properly.

Also, the internet will not prevent you from making a mistake. We recently learned of someone who used an online legal document service to complete his Will. The section naming who was to receive the residue was left completely blank. So, this gentleman’s estate will be treated as if he died “intestate”, or “without a will”. He went through all that time and effort for nothing because, in the end, he thought he had a Will that effectively dealt with his property when, in fact, he did not. This situation sure brings to mind the old saying–you get what you pay for.

The whole idea of completing an estate plan is to provide you some peace of mind and reassurance that your wishes will be carried out in the manner you expressed in a valid, legal document. Do not leave these things to chance. Do not leave these things to the vast, empty, cold internet DIY services. Do not assume that the only estate planning document you need is a Will. A Will works with other documents to form a complete, well-rounded estate plan.

And remember, DIY is undertaking an activity by yourself without the assistance of a professional, which means a lot can, and often does, go wrong. The internet and YouTube are full of videos showing what has gone wrong when people have attempted to do things without the aid of experts or professionals. Most of them involve accidents, the sound of laughter from your friends in the background while they ask if you are okay, and a trip to the emergency room. Do not let your estate plan become the next internet sensation DIY accident.

Cripps & Simmons works with all people to create a custom estate plan with you and about you, keeping in mind the things that are important to you. We think this is so important that our first consultation with new clients is complementary. Subsequent fees are based on the complexity of your specific situation and can usually be quoted at your consultation. Contact us to schedule a time to visit with me or one of our other attorneys about your estate plan.