In the age of digital convenience, it’s tempting to manage every part of your life online. We file our taxes, buy insurance, and even get medical advice from apps. So, when websites like LegalZoom® or TrustandWill.com offer estate planning documents for a low flat fee, it seems like a logical, cheap, and easy way to finally cross that task off your to-do list.
After all, how different can it be from using tax software? You fill in the blanks, the service generates a “legal” document, and you’re protected… right?
This assumption is exactly what DIY legal services rely on, and it’s a dangerous one. While a cheap online will might feel like a responsible step, it can be one of the costliest mistakes you ever make for your loved ones. The truth is, a stack of documents is not the same as a plan.
The Real Danger: A False Sense of Security
The biggest risk of a DIY estate plan isn’t just that it might fail—it’s that it gives you a false sense of security. You think you’ve handled it, so you stop thinking about it. This “one-and-done” mindset can prevent you from doing the real planning needed to protect your family, leaving massive gaps in your plan that won’t be discovered until it’s too late.
At that point, the people you were trying to protect are left to clean up the mess, often stuck in a costly and traumatic court process that can drag on for years.
The reality is that estate planning is not a one-size-fits-all product. It’s a deeply personal process. True planning involves counseling, a thorough understanding of your assets, your family dynamics, and the legal consequences of every choice. The documents are merely the byproducts of that strategic plan.
Without a trusted advisor to help you anticipate conflicts and opportunities, those “legal” documents might not be worth the paper they’re printed on. To show you why, let’s look at five of the most common failures of DIY plans. Here are the first two.
Failure #1: Thinking a Will Is Enough
The one document everyone thinks they need—a will—is often the one that accomplishes the least. Many people believe that having a will keeps their family out of court.
This is completely false. In fact, relying on a will alone guarantees your family will have to go to probate court.
A will is simply a set of instructions for the probate judge. It doesn’t become legally effective until a judge validates it. This means your family is forced into a public court process that can be expensive and time-consuming, leaving your assets frozen until the judge gives approval.
Furthermore, a will does absolutely nothing for you if you become incapacitated. If you are in a car accident or suffer a stroke, your will is useless. It only takes effect after you die. This leaves your family scrambling to petition a court for the authority to manage your finances or make medical decisions for you—a stressful and avoidable ordeal.
Failure #2: Improper Document Execution
You could have the most perfectly drafted documents, but if they aren’t signed and witnessed exactly according to state law, they are invalid.
This is the easiest and most tragic mistake we see. The DIY service will email you a PDF with a set of instructions, and the rest is up to you. Do you know the specific rules for your state?
For example, many states require that you and your witnesses all sign the will in the physical presence of each other, at the same time. If you sign it at your kitchen table and have your neighbor sign it as a witness a day later, the document could be thrown out completely.
Are your witnesses “disinterested,” or are they people who might inherit from you? Did the document require a notary in addition to witnesses? Small logistical errors like these can invalidate your entire plan, and your family won’t find out until you’re gone.
Don’t Leave Your Family’s Future to Chance
Relying on a generic online form is a gamble. Your family’s situation is unique, and it deserves a plan that is more than just a template.
If you have started a DIY estate plan and are now wondering if it’s truly protecting your family, we can help. Contact us to schedule a meeting. We can review your current documents and help you build a comprehensive plan that leaves your loved ones with a trusted advisor, not a legal mess.
In our next article, we will cover the remaining three common ways DIY estate plans can fail and leave your family at risk.
