Hidden Costs of DIY Wills and Estate Planning

The Unintended Costs of a Do-it-Yourself Will

9 mins ago

By Braun & Gresham Attorney & Counselor, Margaret Menicucci

Most people recognize the importance of estate planning. Some take the do-it-yourself approach, often using an internet-discovered template or copying a will from a family member. Although this may seem cost-effective in the moment, it can significantly increase probate costs and reduce the assets available to be distributed from the estate.

Causing a Longer and More Difficult Probate Process

Some costs arise when the family is forced to go through a longer, more complex probate process. For example, when a will does not include the necessary language to create an independent administration or allow the Executor to serve without a bond, the probate may become a court-supervised dependent administration. In that case, the Executor must obtain a bond and make multiple court appearances throughout the process. Dependent administration also requires annual accountings to be submitted to the court. In contrast, independent administration typically involves just one court hearing. After Letters Testamentary are issued to an Independent Executor, only a few filings are required, and the Executor can handle the estate, paying bills and distributing assets, without further court oversight.

We frequently see improperly executed wills. They may contain incorrect wording in the affidavits or be signed in the wrong places. The consequences of these details can range from needing additional witnesses at the initial probate hearing to rendering the will invalid altogether. This frustrates the decedent’s intent. When a person dies without a valid will, probating the estate requires an additional process called a Determination of Heirship, which includes appointing an Attorney Ad Litem to ensure all heirs are properly identified. The estate must pay that attorney’s fees. Probating an estate without a will simply takes more time and raises costs.

Probate and administration costs are paid from the estate’s assets. When those costs increase, the amount available to beneficiaries decreases.

Problems with Gift Provisions, Especially with Rural Land

Do-it-yourself wills often contain errors in the language used to describe gifts to beneficiaries. We often see excessive detail about specific personal property, while more valuable assets are mentioned only briefly or omitted entirely. A DIY will may fail to distribute assets that were not top-of-mind at the time of writing or assets acquired after the will was executed. This can cause a partial intestacy, which increases the chances that a Determination of Heirship will be needed. Again, this involves a court-appointed attorney.

Do-it-yourself wills are also not equipped to handle unique assets like rural land. Drafting errors may result in property losing valuable tax designations such as agricultural use or wildlife management, creating significant costs for beneficiaries. A will that attempts to divide land, such as “I give 1 acre to my daughter, Jane,” may not take into account county-specific partitioning, development rules, or access requirements. This could render the property unusable or result in illegal parcels. Any savings from not using an attorney are often outweighed by the title work and legal fees required to correct these issues.

Missing Out on Ways to Protect Assets for Minors and Disabled Beneficiaries

Wills should account for both near and long-term circumstances, which includes naming contingent beneficiaries. DIY wills often omit these critical designations, and they usually lack the sophistication to protect gifts made to minors or disabled individuals. If a minor receives an inheritance outright, they gain full control of those assets at age 18. Similarly, a disabled beneficiary who depends on government support may lose eligibility due to income or asset limits. Proper estate planning uses tools like trusts to preserve benefits and protect these gifts.

Investing in an Estate Plan That Saves Time and Money at Probate

At Braun & Gresham, we help clients develop an estate plan that meets their needs, reflects their goals for their assets, facilitates an efficient probate process, and manages tax implications. We meet personally with clients to consider important questions: Who will serve as your personal representative (Executor, Trustee, agent, guardian)? How should your beneficiaries receive their assets?

We understand that owning rural land is very different from owning a stock portfolio. It may carry multi-generational significance or be a newly acquired investment. Either way, land is often a place of sanctuary, recreation, and hard work. Passing on this type of asset requires thoughtful planning and experienced drafting.

For example, when working with rural landowners, we explore the use of limited partnerships or limited liability companies (LLCs) to own non-homestead farms and ranches. These tools offer asset protection, establish rules for use and succession, and support tax planning. We prepare maps and conduct preliminary title work to uncover access or ownership issues. This is especially important for inherited land. For long-term legacy protection, we also discuss deed restrictions and conservation easements. When the land is held for investment purposes, entity ownership can provide greater flexibility and help manage property taxes during development.

For all clients, we walk through various scenarios to avoid partial intestacy and protect gifts to younger individuals through trusts. This allows distribution to be delayed until they’ve gained more life experience. Our comprehensive estate plans may include wills, trusts, business entities, and disability documents such as financial and medical powers of attorney.

The problems and expenses created by do-it-yourself wills are avoidable. You’ve worked hard to build your legacy and deserve a plan that brings peace of mind now and minimizes stress for your loved ones later.

Let Us Help You Protect What Matters Most

Don’t let a well-intentioned but incomplete will create costly complications for your loved ones. At Braun & Gresham, we take the time to understand your unique assets, especially rural land, and tailor an estate plan that ensures your wishes are honored, your legacy is preserved, and your family is protected.

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