- Chiang Law Firm
- 3 hours ago
- 5 min read
For the past several years, I've seen more and more clients come in with estate plans that were created without using attorneys. Maybe they were generated using online tools or even the Supreme Court of Texas approved online forms. These days artificial intelligence bots can generate a whole estate plan in 30 seconds. I've also seen families come into my office with documents that were drafted by unlicensed attorneys, notaries, or even offices that purport to not be law offices but "self help" offices that will help YOU complete legal forms (but where did the original form come from? Lawyers?). This is a non-exhaustive list of pitfalls that I've seen where people use these Do-it-Yourself documents, specifically for their Wills.
PITFALL 1: IS THE PLAN CORRECT FOR YOUR ASSETS?
Many families believe "Oh, I own everything jointly with my spouse so it will go AUTOMATICALLY to them!" In short, maybe, but are you sure? Yes, your joint checking or savings account might pass automatically. But what about your real estate? Small business? Car? Oil and Gas minerals? What about assets that you have that are NOT jointly owned or have a payable on death beneficiary? What about assets in other states? Other countries? Also, depending on the asset, you might be REQUIRED to go through probate UNLESS you make specific provisions for them OUTSIDE your will. Only a lawyer will know what those assets are and can plan for them.
PITFALL 2: IS THE PLAN CORRECT FOR YOUR PEOPLE?
Who are the beneficiaries? Does it have provisions in case the whole family perishes in a plane crash? What about minor or disabled beneficiaries? Who is going to take care of them? Who is the executor? Can your executor even get qualified under Texas law? What about immigration or residency issues? You will be surprised how many wills I see that fail to answer these basic questions, or answer them in a way that is impossible to fulfill.
For example, I've seen wills where the grandparents are named as an outright co-beneficiary with the children with the intent that the grandparents will "take care" of the children after the death of both parents. In the actuarially unlikely scenario where the grandparents live longer than the deceased parent, the grandparents will receive their portion of the money outright. Because the gift is to the grandparents personally, they will be under no legal obligation to spend any of that money on the child. Further, since the child is under 18 and receiving an inheritance outright, they will still need a court appointed guardian to manage the money the minor children will receive (more on that later). In addition, that gift could even backfire if the grandparent was disabled and a medicaid recipient. Medicaid will be cut off for the grandparent, and the entire inheritance will be spent on medical bills until the grandparent gets back under the medicaid asset limit. Only a lawyer can explain that fully to you and make sure your intent is carried out without falling into these traps.
PITFALL 3: IS THE PLAN CORRECT FOR THE LAW?
Unfortunately, I've seen a lot of documents that do not take into account laws in Texas. For example, at my firm we recommend independent administration and executors to serve without bond. However, a lot of online wills neglect to include those provisions. Texas is a community property state, and many online forms do not take into account community property when leaving gifts to children or other heirs. There's also homestead protections for surviving spouses. For minor children inheriting property, Texas requires dependent administrations and court ordered trusts that can cost thousands of dollars and can take years to administer if not correctly addressed BEFORE someone passes away. I had a case where a teenage child inherited assets from their deceased parent. It took over $15,000 in attorneys fees and the child was in their 20's before we got the case fully administered and closed. This could have been addressed if the plan had correct provisions for the child in a will or trust.
Additionally, the law might be correct when the form was initially drafted in 2010, but when was it updated for changes in the law? Worse, if you use Artificial Intelligence, the AI Bot might just make up the law. Lawyers must continue to take legal education classes to stay licensed, and keep current on changes in the law. You can come back to an attorney and hold an attorney responsible for the document that was produced, which is why many attorneys have malpractice insurance. When you do it yourself, you can't hold a website or AI company responsible.
PITFALL 4: WAS THE DOCUMENT EXEUTED CORRECTLY?
Even if you get a document that is right for your assets, that takes into account your family situation and is current on the law, signing your documents correctly is the final hurdle, and it is the most common pitfall of a DIY document.
Texas law mandates that a will must be in writing, signed by the testator, and witnessed by at least two credible individuals (who don’t benefit under your will and are at least 14 years old), all present at the same time during signing. No really, in person. You can't do it online. I know Texas allows for online notarization of documents, but Texas does NOT recognize electronic signatures on wills!
Some wills lack the “self-proving affidavit” that allows courts to admit a will to probate without hunting down witnesses years after your passing—making probate longer and more costly for families. I've also seen wills where notaries just failed to sign in the correct place or they didn't put their stamp on the documents. In contrast, a will that gets signed in my office is checked first by the attorney for completion of signatures in the correct places, and then checked again by a legal assistant for completion. You'll be surprised how many times I've seen wills from other attorneys offices miss a stamp or a signature in a cruicial spot.
Other estate planning documents are often very complicated to complete by yourself. For example, the Texas Durable Power of Attorney statute allows for almost 25 different options with different legal consequences for each decision. The Durable Power of Attorney that my office uses has almost 30 options on it. Only an attorney can guide you through the choices and make sure you're making the right decision.
CONCLUSION: DIY IS WORTH WHAT YOU PAY FOR IT
In conclusion, it is POSSIBLE, that you can get a competent online estate plan that is correct for your assets, your family, the law, and even get it executed correctly. If that's you, congratulations! I GENUINELY hope it works out for you! Unfortunately, I've seen where these plans go sideways. And inevitably, the family who tried to save money on a legal plan, ended up paying probate lawers thousands of dollars and spent months, or even years in court, unwinding a situation that an estate planning lawyer could have addressed in their office in days.
That's why I recommend going to an attorney and make sure the plan you get is tailored for your assets, your family, and is executed with the guidance of an experienced professional. A knowledgeable Texas estate planning attorney is the best investment in protecting your family, providing peace of mind, and ensuring your wishes are honored under the laws of Texas. Don’t gamble with your family’s future or your property. Call Chiang Law Firm at 713-568-9206 for a consultation today, and leave behind more than just a form—leave a legacy that stands up in court, serves those you love, and delivers your family true protection.
