Strategy: Hire an Attorney or Use Online Template
The decision of using local attorney versus purchasing on-line templates will vary based on the complexity of your situation, personal needs and where you live. While both have their place, both also have pros and cons that could affect your overall plan.
Each state can be different. Given how retirees often move and/or take up residence in different states for part of the year, you will want to consider both options carefully. In addition, we find a that a common misunderstanding is that once you complete your documents, your are “done”. While “Yes”, that is not wrong, you also want to remember that multiple life events can warrant changes and updates to your plan.
So, take the time to understand your needs. Saving a few dollars on “discount” services, my seem appropriate in the short-run. However, the headaches and hassles can be far greater in the future when you or your family need expert guidance.
1. General Overview
The fundamental rule governing estate planning is that the validity of a document is determined by the specific statutory laws of your state of residence, not by the algorithm of the software used to create it.
The Case for Online Template Services (e.g., LegalZoom, Rocket Lawyer)
- Financial Predictability (The Pro): Online platforms generally offer flat-rate pricing ranging from $50 to $500. For highly logical types tracking a strict budget, this provides a low, fixed-cost entry point.
- Administrative Speed (The Pro): These platforms allow users to execute documents from their own homes at their own pace without scheduling third-party appointments.
- The Regulatory Limitation (The Con): By law, online document preparers are not licensed law firms. Their own standard disclaimers state that they cannot review your answers for legal sufficiency or apply the law to your specific facts. They act purely as digital “fill-in-the-blank” typewriters.
The Case for a Local Estate Planning Attorney
- State-Specific Compliance (The Pro): Estate and probate laws vary drastically by jurisdiction (such as how many witnesses are required, or what makes a document legally binding). A local attorney ensures your documents strictly align with current state statutes.
- Accountability and Audit Trail (The Pro): If a Will or Trust is contested in court after you pass away, the probate judge has no software algorithm to cross-examine. However, a local attorney who drafted the document can be called to testify to your intent, state of mind, and the validity of the document’s execution.
- Capital Cost (The Con): Hiring a private attorney requires a larger upfront investment, typically ranging from $1,000 to $5,000 or more depending on complexity.
2. Key “If/Then” Comparison
To help your agreeable or detail-oriented attendees make a low-friction choice:
- IF your situation is entirely standard (e.g., you are single or in a first marriage, have modest assets, no minor children, and own no out-of-state real estate), THEN a vetted online template service may be a legally sufficient and cost-effective option.
- IF your situation involves complexities (e.g., blended families, minor children requiring a named guardian, a business, or real estate in multiple states), THEN utilizing a local attorney is the standard path to eliminate the risk of accidental document invalidation.
3. Standard Operating Procedure (Next Steps Checklist)
- Inventory: List your total assets, including real estate locations and minor dependents.
- Assess: Determine if your situation fits the “standard” or “complex” IF/THEN parameters.
- Execute: Either choose a reputable online platform or use your local state bar association’s directory to find a certified estate planning specialist in your zip code.
