Surely, getting something for free is better than having to pay for it. It may be a good concept to follow when considering an item, but definitely not when planning your estate. An online Will may be cheaper but not a recommended route. Following are the reasons why you should get a Will drafted by an attorney:
- An online Will may not be up to date. Laws change on the daily. An attorney who practices estate planning will be abreast of the updated estate planning laws. If you find a Will online that is not updated or is old, it may not comply with the current laws.
- Every state has different requirements for a valid Will.
- You may not know the rules to execute the Will properly. If either of the two below are missing, your Will will not be considered a Valid Will.
- In Texas, you must be 18 years of age, or married, or in the armed forces of the United States to create a Will.
- You must be of sound mind.
- An online Will will require you as well as two witnesses to sign.
- It must be signed by you.
- It must be signed by two witnesses above the age of 14.
- The witnesses must sign the will in the presence of the testator.
- Both of the witnesses do not have to sign in the presence of each other but they do have to sign in the presence of the testator.
- Designating an Executor, even though not required, it is highly recommended.
- An online Will may or may not allow you to designate an executor in your Will. Although it is not a requirement for a valid Will, it is good to have an executor – someone who is financially savvy and you trust to gather your assets and distribute it according to your wishes listed in the document.
- Depending on your individual situation, a trust rather than a Will may be a better route for your estate planning. An online Will or service may not be able to advise your properly but an experienced estate planning attorney Arlington TX relies on can advise you accordingly.
Thanks to our friends and contributors from Brandy Austin Law Firm PLLC for their insight into the issue with online wills.