Saving Texans from the Dangers of DIY Wills!

There’s no “close” in Wills & Probate. If a Will isn’t signed with the legal requirements, then it is NOT valid and cannot be used in any way to show your intent! Many times these forms are not even signed correctly, and Texas has specific requirements for how a Will is to be signed, witnessed, and notarized.

Even simple wills require legal precision to avoid issues.

I had a case awhile back where a single man with two adult children decided to use a website to draft his Will. “All” he had was a house, a bank account, and a car. Simple, right? Well, when his daughter came to me after he died, I immediately noticed that he signed on one date; the first witnessed signed on a different date; and the second witnessed signed on yet another date. I looked at the daughter and said, “Your dad and both witnesses signed on three different dates.”

Unfortunately, that makes the Will invalid, and there is no "close" in Wills and probate.

There is simply too much at stake and there is no substitute for sound legal counsel to guide you through these decisions, ensure your wishes will be upheld and that your documents are enforceable. So no, an online Will is not “better than nothing.” "Better than nothing" only works if NOTHING actually happens.

There are many pitfalls to not having legal guidance if you do your Will online or by yourself. Here are just a few:

1. You have no one guiding you on how to set up beneficiaries. Many people don't know just how complex this can get.
2. You have no assurance when (not if) you’re told that a bank, hospital, won’t recognize your document. I tell my clients that there is the real world and the legal world, and they don’t always match. Sometimes certain entities such as banks or hospitals or even funeral homes will tell you that the document you are presenting is not valid. Now, if you drafted that document on your own, you’d probably walk away because you have no idea and you have no one to call. Now, if you had an attorney prepare that document, you’re gonna tell them “it must be valid and by the way, let’s get my attorney on the phone!”

Usually, you (or your loved ones) don't find out your Will is invalid until it's too late. If you don't have a legally sound and comprehensive Will, your family will have to spend extra time and money that could have been avoided by seeing an attorney. So, while a DIY Will might save you money in the beginning, in the end, it will not only cost WAY more money, but it will cause extra time and grief for your family.

For an individual in Texas, the cost to go through probate court is $7,000+ and it takes at least 9+ months to get a hearing. A legally valid Will can significantly reduce the time and money spent going through the probate court process.