Tuesday, March 1, 2011

A Website is No Substitute for an Attorney when it's your Estate Plan

With the recent launch of my website and advent of social networking, it is appropriate that my first entry is about buying online estate plans.  A client recently asked Aare the living trusts and wills that I can buy online as good as a living trust and will I get from an attorney?@ 

This is a great question.  These days you can buy just about anything online.  But, you have to consider what you are getting.  When you buy a living trust online you are only getting a document.  You are not getting any legal advice.  It=s up to you to know, on your own, if this document fits your needs, addresses all off your concerns and, most importantly, has the legal effect you think it does.  These website are very careful to tell you that they are not giving you legal advice.   One of the more popular website has this disclaimer:

APlease note that [name of site omitted] is not a law firm, does not act as your attorney and is not a substitute for the advice of an attorney. Rather, it helps you represent yourself in your own legal matters. If you seek representation, are involved in litigation or have complex legal issues that cannot be resolved on your own, we recommend that you hire an attorney.@

In short, if you are going to buy an online estate plan, you have to be your own lawyer.  Now, an estate plan will control you wealth, provide a structure for your future and, after your pass, providing for your family.  You need to understand the legal and tax aspects of each step.  This is probably not the best time to be your own lawyer.

When you take the diligent step of having an estate plan designed for you, need to consult an attorney.  Your attorney takes time to understand your assets, family framework, and goals.  Your attorney then lays out your legal rights, and options for setting up an estate plan.  Only after you=re fully informed, and selected the appropriate plan does the lawyer draft the documents.  Your attorney works with your financial advisors to insure that your estate plan is funded.  Your attorney will give you the confidence that your plan meets your needs and goals.  You can rest easy.  A website can=t do this for you.

You do not hire an attorney to sell you a document.  You hire an attorney to provide you with legal advice.