Common Issues with Do-It-Yourself (DIY) Wills

A DIY Will May Seem Look a Good Idea – But Is It?

Some of my clients end up in my office after someone they love created a do-it-yourself (DIY) will. Specifically, when such a will has created chaos and expensive legal bills upon the death of that loved one.

A DIY will might seem like a convenient and cost-saving option. However, they’re often done incorrectly.

This can lead to significant legal complications –even to rendering the will invalid – and expenses which is the exact opposite objective anyone has for creating a will.

Every state has its own set of specific legal requirements that wills must meet. Failure to follow the state-specific requirements is one of the most common issues with DIY wills.

For example, holographic wills are not legally recognized here in Georgia. These wills are handwritten and not witnessed. Thus, even if you have clearly written intentions there could be issues. Specifically, the will could be completely disregarded by the probate court if it doesn’t meet the state’s formal standards.

A second common issue is the improper witnessing of the will. In Georgia, a valid will must be signed by the testator and witnessed by at least two competent individuals not named to positions of authority within the will. It is further best practices that these witnesses not be beneficiaries. While a beneficiary being a witness will not make the will itself invalid – it may make the distribution to the beneficiary void. This can be heartbreaking, creating disputes among family members who believed they were entitled to inherit.

Another issue common with DIY wills is that they often lack clear language or contain ambiguous instructions that lead to disputes among heirs.

Without legal guidance, individuals may inadvertently omit important clauses or fail to address key assets, resulting in confusion, delays, or costly litigation.

To any person unfamiliar with the legal system, online will templates or handwritten wills may appear straightforward. However, estate planning is a complex area of law.

The smallest mistakes can carry unintended, disastrous consequences, potentially derailing the testator’s final wishes. To ensure your will is legally sound and accurately reflects your intentions, it is advisable to consult with an experienced estate planning attorney. The investment provides the peace of mind you want to provide for your loved ones, while avoiding any legal complications. Don’t take chances that could create chaos for your loved ones. Give my office a call today at (470) 235-7868.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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Shannon and her team were great. Went in for a consultation and got my money worth. She explained and made sure we understood. I will be using them in the future.

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We had excellent service from Shannon and her team, they are true professionals and helped us and explained every step in the process. We highly recommend The Estate and Asset Protection Law Firm.

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Stephanie Deal

15:22 07 Jul 23

My father and I recently used the estate, an asset protection, law, firm for new wheels, new, power of attorney’s, and a creation of a trust. Brooke and her entire team could not have been more helpful and more professional! We loved working with them, and they took everything seriously therefore I didn’t have to worry about a thing. I highly recommend everyone at the law firm.

Barry Amos

01:22 01 Jul 23

Great firm. Had answers to all our questions and explained everything clearly. Never felt rushed to make a decision Could not ask for a better experience. Every one we dealt with was professional and knowledgeable. We highly recommend this firm for estate planning.

Lee Jay

21:30 28 Jun 23

Shannon provided invaluable information regarding a family estate matter. Although her firm did not quite fit our immediate needs, the consultation was informative and extremely HELPFUL! Shannon clearly explained what our next steps should be and offered to assist if we had any questions along the way. Her expertise and willingness to help puts her in a league of her own!

Alice Guppy

02:01 23 Jan 23

Shannon and everyone at The Estate and Asset Protection Law Firm are professional, very knowledgeable, and a pleasure to work with. They answered all our questions in great detail and the plan they developed for us is exactly what we need to protect our assets and estate as we age especially with my husband's health issues.

Lynn McKibbin-Moore

23:09 24 Feb 22

My husband has dementia. This firm has been patient, kind and professional while we went through a move from a house of 37 years in to a condo to be closer to my daughter and her husband. (Miami to Atlanta). There was also a wedding. All in 6 months.
We now have a trust, power of attorney. Wills for my daughter and her husband and more. All at a fair price. I could not recommend higher.

Tammy Lee

22:03 29 Jan 22

Shannon Pawley and her team are exceptional at helping families navigate tough situations. We began working with her upon finding out my father had Stage 4 kidney cancer. His decline was more rapid than expected.
Attorney Pawley and her entire team expedited paperwork that allowed me to focus on my father’s care, make decisions that suddenly needed to be made for him medically and financially, and has allowed me the ability to focus more on grieving and less on legal matters upon his passing.
It is obvious she is knowledgeable about the best ways to navigate estates to protect the assets for the owners and their loved ones. It is just as obvious that she is passionate and has true heart for what her clients go through.
We will be using her for own estate needs, and I recommend her expertise to everybody I can.
This service is worth every penny we paid as it has saved us more money and time than I could imagine.

H Jessie Brewer

18:26 18 Nov 21

Attorney Shannon Pawley and paralegal Alexis McCoy are legal professionals that my wife and I highly recommend. Their grasp of the Georgia law pertaining to Medicaid assistance and the interworking's of the State department is exceptional. Additionally, their client-attorney relationship skills are excellent. We wouldn't hesitate to use this law firm again should the need arise.

Dawn Hardy

15:06 13 Nov 21

Shannon and her team are the best! They listened to my needs and provided the best advice. They are patient and professional as well as personable, they didn't make me feel like I was just another client. Highly recommend!