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“Do It Yourself Will” Websites Panned by Consumer Reports

April 15, 2013 by Kristina

do-it-yourself-willsA 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Outdated information.

Two sites applied federal tax rules that were already months out-of-date.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

Filed Under: Blog, Estate Plan Review, Wills Tagged With: "do it yourself will", Wills

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

May 17, 2012 by 3mediaweb

If 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…]

Filed Under: Blog, Conservatorship, Durable Power of Attorney, Elder Needs, Estate Plan Review, Guardianship, Health Care Proxy, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, Estate Plan Review, Guardianship, Health Care Proxy

Estate Planning Lessons from Rachael Ray

May 11, 2012 by Kristina

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 Brown, Rachael Ray‘s great when I don’t have a lot of time. Who’s your favorite? Let me know in the comments. [Read more…]

Filed Under: Blog, Estate Administration & Probate, Estate Plan Review, Uncategorized

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

April 27, 2012 by Kristina

Whitney Houston’s tragic death provides an example of how a trust that takes effect upon death can work as part of an estate plan. But Houston’s estate plan has some surprising aspects as well; there were pieces of her plan that could have, and likely should have, been better.

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…]

Filed Under: Blog, Estate Administration & Probate, Estate Plan Review, Family, Living Will, Trusts, Uncategorized, Wills Tagged With: estate plan, Estate Plan Review, Living Trust, probate, revocable trust, whitney houston

Why Single People in Worcester County Should Consider Estate Planning

January 25, 2012 by Kristina

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…]

Filed Under: Durable Power of Attorney, Estate Plan Review, Family, Health Care Proxy, Trusts, Uncategorized, Wills Tagged With: attorney, Durable Power of Attorney, estate plan, estate planning, Family, Massachusetts, Trusts, worcester, worcester county

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

September 22, 2011 by Kristina

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…]

Filed Under: Estate Plan Review, Massachusetts Legislation, Uncategorized, Wills Tagged With: estate plan, Intestacy, Massachusetts Legislation, Wills

When Should I Update My Estate Plan?

August 11, 2011 by Kristina

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…]

Filed Under: Blog, Estate Plan Review, Uncategorized Tagged With: estate plan, Estate Plan Review

Can I Contest My Sister’s Will?

June 9, 2011 by Kristina

In the coming years we will see a  marked increase in the number of cases challenging the legality of a will on the grounds of mental incapacitation of the person making the will. Though the reason for the increase in will contests is debatable, the growing number of elders with medical issues affecting their cognition; the transfer of wealth between World War II and baby boomer generations; and the change in the traditional nuclear family certainly play a role. [Read more…]

Filed Under: Elder Needs, Estate Plan Review, Family, Gifting, Trusts, Uncategorized, Wills Tagged With: caregivers, elder, estate administration, estate planning, Probate Court, will contest

Pet Trusts Arrive in Massachusetts

May 5, 2011 by Kristina

I’ve written about Pet Trusts in a previous blog. They have many benefits for pet owners concerned about what would  happen should their animal outlive them. However, until recently, Pet Trusts were not available in Massachusetts. New Massachusetts legislation took effect on April 7th, 2011, bringing this important Estate Planning tool to the Bay State.  The remainder of this week’s blog was edited from an article written by Attorney Gina Barry of Bacon Wilson, P.C. in Springfield. [Read more…]

Filed Under: Estate Plan Review, Trusts, Uncategorized Tagged With: elder, elder law, estate plan, estate planning, Massachusetts Legislation, Pet Trusts, Trusts

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

October 12, 2010 by Kristina

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…]

Filed Under: Conservatorship, Durable Power of Attorney, Estate Plan Review, Trusts, Uncategorized, Wills Tagged With: estate plan, estate planning

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Kristina R. Vickstrom, Esq.
172 Shrewsbury Street
Worcester, MA 01604
508.757.3800


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