Which is better, online forms or prepared by atty?
My wife and I are in our 30s and have two small kids. We need wills, powers of attorney, living wills, etc. We don’t have a lot of assets and probably just need something basic. I know there are a bunch of forms online or cheap do-it-yourself software for estate planning. Is that sufficient or do we really need to have it drawn up by an attorney? Also, we live in Texas. Do we need to have state-specific forms?
Re: Which is better, online forms or prepared by atty?
The guardianship of your kids, if something happens to you and your wife, are your most precious assets.
You are always better off having the documents prepared for you by an attorney. Worst case scenario with a do-it-yourself will kit is that it hasn’t met the necessary formalities required for a Texas will, and therefore is invalid. Of course since the will is being brought forth it’s too late to correct the errors. So the estate is now in intestacy, and that can get quite expensive.
Powers of attorney have a few wrinkles not evident on their face, so they should at least be discussed with legal counsel. The discussion, though, would probably cost almost as much as having the instruments prepared.
Wills and powers of attorney are state-specific.
Peter Bradie
Bradie, Bradie & Bradie
6606 FM 1488, Suite 148-363
Magnolia, TX 77354-2544
Re: Which is better, online forms or prepared by atty?
The forms seldom explicitly state the nuances of the law. As a matter of fact, I think most of them have disclaimers saying that the use of the forms is no substitute for legal advice. While you are like most people and do not have a long list of valuable assets, the things you have mean something to you and your family. So, it might be worth the money to see an attorney to make sure the law is followed whether you’re in TX or not.
James Grissom
Law Office of James P. Grissom
3507 West Alberta Rd.
Edinburg,, TX 78539