“Can I do my own estate planning?” It’s one of the most common questions we hear, especially with AI tools like ChatGPT and online legal platforms making DIY estate planning seem simple and affordable. While we understand the appeal of saving money, what we’re seeing in our practice tells a very different story in the long run, and it may be potentially dangerous for families relying on the legal protections they think they are receiving.
The short answer is this: while you technically can attempt estate planning yourself, the risks far outweigh any potential savings. Here’s what you need to know before making this critical decision.
The Hidden Cost of DIY Estate Planning
In our practice, we’re seeing an alarming increase in families dealing with the aftermath of DIY estate planning gone wrong. These cases fall into a few categories:
- People who discover they can’t step in for loved ones when DIY documents fail to properly establish powers of attorney or healthcare directives during critical moments. Unfortunately, once a power of attorney is needed, it may be too late to get a new one, leading to lengthy and costly guardianship proceedings that can delay important care decisions or force them to be made by medical professionals who may not consider your loved one’s wishes.
- Clients who need complete document overhauls after discovering critical errors in their DIY plans. These families have often spent time and/or money building out AI or templated documents only to learn that they are invalid.
- Families struggling through probate with invalid or unclear DIY documents after their loved one has passed.
The financial and emotional toll on these families can be heartbreaking, especially when the challenges they face are preventable.
Real Consequences We See Every Day
Document Invalidation
One misplaced signature, incorrect witness procedure, or formatting error can render your entire Will legally worthless. We’ve seen families discover that their loved one’s Will isn’t legally valid, forcing the estate into intestacy where state law, not personal wishes, determines inheritance.
Costly Probate Complications
DIY documents often lack the precise language needed for smooth probate administration. What seems like a minor wording issue could lead to months of delays and thousands in additional legal fees.
Unintended Beneficiaries
Without proper legal guidance, many DIY documents fail to address contingencies. We’ve seen cases where assets went to unintended recipients because the documents didn’t account for predeceased beneficiaries or other scenarios. Experienced estate planning attorneys have seen the challenges that can arise with probate or other situations and can take steps to reduce the chances of your own documents encountering those pitfalls.
Family Litigation
Ambiguous or contradictory language in DIY documents can lead to family disputes that end up in court. These conflicts can cost tens of thousands in legal fees and destroy family relationships permanently.
What DIY Platforms Can’t Provide
When people ask “can I do my own estate planning,” they often underestimate what professional estate planning actually involves. Generic online tools and AI cannot generally:
Assess Capacity
AI tools cannot assess a person’s mental capacity, which is crucial in estate planning. Determining if someone understands the nature and effect of their decisions requires professional judgment and often a medical evaluation, something AI cannot provide. Without this critical assessment, documents created using DIY platforms may be vulnerable to challenges based on undue influence or lack of capacity, potentially invalidating the entire plan.
Address Asset-Specific Requirements
Business interests, retirement accounts, real estate in multiple states, and other complex assets each have specific legal requirements. Cookie-cutter approaches often miss these critical details.
Navigate Your Unique Family Dynamics
Every family has specific relationships, potential conflicts, and unique considerations. We’ve spent years living through situations similar to yours in our own lives and by helping clients. Our hard-won experience has allowed our attorneys to develop a unique understanding of the local estate planning and elder law climate. We can see small nuances that could affect your planning needs that AI is generally not aware of because it simply hasn’t been in that situation before. We’re here to help you structure your plan to minimize disputes and ensure your wishes are clear and legally enforceable.
Ensure Legal Compliance
Estate planning laws vary significantly by state and change regularly. Our Rhode Island estate planning attorneys stay current on the changing legal landscape to ensure your documents comply with current requirements. Unfortunately, many tools do not maintain the level of diligence that should be upheld in a legal setting.
Provide Strategic Techniques
Some estate planning desires require a carefully planned strategy. Effective asset protection can be a complex and challenging strategy that Medicaid attorneys are uniquely positioned to navigate. But this isn’t the only estate planning challenge that you could encounter. If you need to exclude someone from your estate, for example, this requires specific legal language and procedures to ensure that the request will not be thrown out when it comes time to distribute the estate. Simply omitting someone from a DIY document often isn’t legally sufficient and can be successfully challenged.
Offer Comprehensive Quality Control
Professional estate planning includes multiple layers of review, legal research, and quality assurance that DIY approaches frequently miss. At McCarthy Law, you have an entire legal team that reviews your circumstances. Our attorneys and paralegals have years of experience guiding their efforts so that you can rest assured your matter is safe with us.
The True Value of Professional Estate Planning
When clients ask if they can do their own estate planning, we explain that our service goes far beyond document preparation. You receive:
Legal Experience: Years of training and experience in estate law, asset protection, and family dynamic navigation
Personalized Strategy: A custom approach tailored to your specific situation, assets, and family structure
Third-Party Perspective: Objective analysis of potential problems and family issues you might not anticipate (we don’t sugar-coat or hallucinate like many AI programs)
Ongoing Relationship: Support for updates, changes, and questions throughout your life
Peace of Mind: Confidence that your plan will work as intended when your family needs it most
When DIY Estate Planning Is Especially Dangerous
While we do not generally recommend DIY estate planning, it can be particularly risky if you have:
- Children from multiple relationships or blended families
- Significant assets or business ownership
- Real estate in multiple states
- Family members with special needs
- Charitable giving intentions
- Any family conflicts or potential disputes
- Concerns about someone challenging your wishes
Why Professional Estate Planning Is Worth Every Dollar
Estate planning ensures your family is protected and your wishes are carried out exactly as intended. When you work with our firm, you’re getting:
- Expertise that prevents costly mistakes
- Personalized attention to your unique situation
- Legal protection for your family’s future
- Peace of mind knowing everything is done correctly
- Ongoing support as your needs change
While people continue to ask “can I do my own estate planning?” the evidence from our practice is clear: the risks are simply too great. Your family’s financial security and your personal legacy are too precious to chance on a generic template or AI-generated document.
Professional estate planning is an investment in your family’s future and protection against costly mistakes that could undermine everything you’ve worked to build.
Don’t let the appeal of short-term savings put your family at risk. The peace of mind that comes with proper, professional estate planning is invaluable, and the protection it provides for your loved ones is irreplaceable.
Ready to Protect Your Family’s Future?
If you’re ready to protect your family’s future, we’re here to help. Our experienced estate planning attorneys are here to help you create a comprehensive plan that protects your family and ensures your wishes are carried out perfectly.
Contact us to discover how proper estate planning can give you confidence and your family security.
