Online Will Programs: You Get What You Pay For

Online Will drafting programs offered on the internet are advertised as quick and cheap. But can Do-It-Yourself (DIY) Will drafting programs be relied upon to create legally valid Last Will and Testaments that accomplish your estate planning goals?

In order to be legally valid, a Will must be executed in accordance with strict rules and formalities, including that it be in writing and signed by the Testator in the presence of two witnesses. There are also ceremonial requirements, such as that the Testator “declare” to each of the witnesses that the document is his/her Last Will and Testament. There is a presumption of validity when an attorney supervises the execution of a Will, making a Will contest much more challenging.

An online Will drafting program cannot provide you with the guidance and knowledge of an experienced elder law and estate planning attorney. Everyone’s estate plan is unique – and there are many important factors to consider that a DIY program will inevitably fail to address. For example, perhaps you want to leave something for your spouse or beneficiary who is disabled or receiving government benefits such as Medicaid or SSI; a simple outright bequest would jeopardize their benefits or their inheritance. Similarly, there are drafting strategies that can be utilized for beneficiaries with prospective creditor or marital problems to preserve their inheritance. When treating heirs unequally or disinheriting a child, there are additional provisions and safeguards that must be included in the Will to prevent a Will contest proceeding in Probate Court.

Asset protection planning is always part of the estate planning/Will drafting conversation, including whether assets should be protected in a trust so that assets are not needlessly spent down on the cost of long-term care (the average cost of one year in a nursing home is over $250,000). And if you need estate tax planning, especially since those laws are sunsetting in 2025, not getting qualified guidance will be costly, potentially wiping out 50% of your estate. All of these factors, just to name a few, will not be addressed by a simple online Will drafting program, potentially costing an individual or family hundreds of thousands of dollars. As the saying goes: You get what you pay for!

An online Will program is simply not a substitute for the wisdom and guidance of an experienced elder law and estate planning attorney like the knowledgeable attorneys at Cona Elder Law. Contact us at 631.390.5000 or elder@conalaw.com to get the best legal advice tailored to your needs.

Jennifer B. Cona, Esq. is the Founder and Managing Partner of Cona Elder Law, an award-winning law firm concentrating in the areas of elder law, estate planning, special needs planning, estate administration and litigation, and health care law. The firm has been ranked the #1 Elder Law Firm by Long Island Business News for eight consecutive years.  For additional information, visit www.conaelderlaw.com.

This article was originally published in the October 2024 issue of the Long Island Press, Power of Your Attorney.