“Do It Yourself Will” Websites Panned by Consumer Reports

161210569_c35164ef82-1A growing number of websites now allow people to plug in information about themselves and create a “do it yourself will”. But doing so can be very dangerous and can lead to big problems, according to an independent review by Consumer Reports.

The magazine analyzed three such sites – LegalZoom, Rocket Lawyer, and Quicken WillMaker Plus – and ran the results by a law professor who specializes in tax and estate law. All three “do it yourself will” websites had a variety of problems, according to the study.

The problems included:

Outdated information. Two sites applied federal tax rules that were already months out-of-date.

Not state-specific. The law of wills varies from state to state, but the programs didn’t take into account variations in state law, including state lax law.

No tax advice. None of the programs offered tailored advice on how to reduce taxes – a critical flaw.

Incomplete. The websites often lacked provisions on how to handle business interests, electronic assets, trusts for children with special needs, trusts for pet care, domestic partnerships, multiple trustees, how executors are to be compensated, etc.

No flexibility. The websites frequently made arbitrary choices and didn’t allow bequests to be handled differently. And some added additional provisions to trusts without any warning.

The professor described one will produced by Rocket Lawyer as “primitive,” and another as “a mess.”

The magazine noted that LegalZoom allows you to pay extra money to receive attorney “support,” but when it contacted the company, it was told to type questions about arbitrary or missing provisions into a box and that these would be handled later in a hard copy of the will. According to Consumer Reports, even though it paid the extra fee, this never happened.

Using a “do-it-yourself will” website to create your will can be “like removing your own appendix,” according to the Consumer Reports article.

There’s simply no substitute for a lawyer who can understand your wishes and goals, and provide legal and tax advice that’s suited to your specific needs. Although it’s best to contact us first, if you have already paid for one of these services call us today to review your will and make sure it accomplishes your goals and is appropriate for your unique situation.

Photo Credit: lukemontague

Many Power of Attorney and Health Care Proxy Documents Should be Revised in Massachusetts

Many Power of Attorney and Health Care Proxy Documents Should be Revised in MA, Vickstrom Law, Worcester, MAIf you’ve had legal documents drafted in Massachusetts pertaining to your health, financial, and long-term care wishes, you should have them reviewed and revised now! Massachusetts laws relating to powers of attorney and health care proxies have recently changed. This along with federal medical privacy laws can affect your already-created documents.

The federal law, known as the Health Insurance Portability and Accountability Act (HIPAA), generally prevents health care providers from disclosing your personal medical information to anyone other than you and someone you’ve named as your “personal representative.” Frequently you will sign medical releases at your physician’s office allowing them to communicate with any specialists you are seeing, like a podiatrist or a cardiologist. Protecting your medical privacy is very important but the law can create some complications. [Read more...]

Estate Planning Lessons from Rachael Ray

I’d love to be able to tell you that I make it home in time to fix a delicious and nutritious home-cooked meal every weeknight. But, as I’m sure you know, until someone comes along to invent the 28-hour day, it doesn’t happen as often as I’d like. Fortunately, my husband is at least semi-skilled with a spatula and measuring cup.

Inspiration from the Food Network

Still, I do love the challenge of a new, never-been-tried recipe. Usually it’s something that friends or family have recommended or I’ve managed to catch a few minutes of on Food Network. Personally, I’m partial to Bobby Flay and Alton BrownRachael Ray‘s great when I don’t have a lot of time. Who’s your favorite? Let me know in the comments. [Read more...]

Whitney Houston’s Estate Plan: Good, But Not Great

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The late singer’s will leaves everything to her 19-year-old daughter, Bobbi Kristina, but Kristina can’t access her mother’s estimated $20 million fortune right away because it is in a trust. [Read more...]

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When we typically think of estate planning, we see grandma and grandpa putting together a Will and possibly setting up some trusts for the following generations. It’s all about providing for our offspring, right? [Read more...]

What Really Happens to Your Estate if You Die Without a Will in Massachusetts?

Dying without a Will is called dying “intestate”. What this means is that your intentions as to who inherits your assets, who administers your estate, and who acts as guardians for any young children are determined by the Commonwealth of Massachusetts. It is often said that if you don’t have an estate plan, the Commonwealth has one for you. And as of January 2nd, 2012, the Commonwealth has an updated plan for you! That’s when the last phase of the Massachusetts Uniform Probate Code (MUPC) takes effect. [Read more...]

When Should I Update My Estate Plan?

An estate plan that was suitable a few years ago may no longer be suitable today. One should look to update their estate planning every three to five years or even sooner if you experience a dramatic change in life circumstances. [Read more...]

Can I Contest My Sister’s Will?

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Pet Trusts Arrive in Massachusetts

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Online Legal Documents Company (LegalZoom) Sued Over Flawed Estate Plan

This week I’m reposting a fantastic article from ElderLawAnswers about the dangers of online do-it-yourselfing when it comes to planning your estate. Caveat Emptor (Buyer Beware!)

One of the most prominent sellers of do-it-yourself wills and other estate planning documents, is the target of a class action lawsuit in California charging that the company engages in deceptive business practices and is practicing law without a license.

The lawsuit was filed in Los Angeles Superior Court on May 27, 2010, by Katherine Webster, who is the niece of the late Anthony J. Ferrantino and the executor of Mr. Ferrantino’s estate. [Read more...]