The article first describes the various ways consumers can make their own wills under California Law. First, it talks about holographic wills, those handwritten wills entirely in the person's handwriting. These holographic wills present several problems.
Among the problems with a holographic will are: (1) it has to be clear that the writing was intended to serve as a will (2) the ink can more easily be smudged and there is no copy of it in case it is damaged, destroyed etc. (3) lay people are likely to have difficulty being clear with their instructions, and (4) there is no witness to testify as to what was intended if a will contest develops.
The article suggested the following situations when you would want to use an estate planning attorney: when you want to disinherit any family members, when you anticipate a dispute among your heirs, if you are very wealth, or if you want contingencies written into the document like ( child X only gets this if she attains a college degree).
While the article does hit an important point in why you should utilize an attorney, that there will be a witness should a dispute arise, it misses several other reasons.
The article assumes falsely that all someone needs in an Estate plan is a simple will. Well even in the simplest case this is simply not true. Even a 30 year old couple with a young child will want to have a durable power of attorney for financial matters so that if one becomes incapacitated it is clear that the spouse or someone else can act for them. This can save thousands upon thousands in dollars by avoiding a conservatorship.
In the case of a durable power of attorney, one intended to remain effective or kick in when someone becomes unable to manage their own affairs, it is important to utilize an attorney because often you will encounter problems getting the major financial institutions to honor them without an attorney. An attorney in this situation can assure the institution that the document was created validly and if need be threaten to take the institution to court. Legalzoom is not going to be able to do this! A website company simply doesn't have personal knowledge of the circumstances surrounding the creation and execution and it cannot represent you in court.
Additionally, most California homeowners will want to utilize a revocable living trust because it avoids the expense, lack of privacy, and time consuming nature of probate. And if you do create a trust, your successor trustees ( those who take over when you can no longer manage your affairs or you die) will need the advice of an attorney to administer the trust properly and avoid liability for wrongdoing. If you utilize the services of someone like myself, who also does trust and probate administration, then your loved ones will have someone they can turn to for help, without relying on the uncertainty of choosing a lawyer from a phonebook.
ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.
CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775 - 9774
http://www.twininglaw.com
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