Dangers of Do-It-Yourself Wills

Often people turn to DIY will templates or online services to handle their estate planning. While these options seem convenient and affordable, they can lead to headaches later. Incomplete estate plans can prompt legal disputes after a person’s passing.

In Florida, improperly drafted estate plans have triggered costly and time-consuming court battles, leaving families struggling to access the assets their loved ones intended for them. If you believe a DIY will has unfairly excluded you or created confusion about inheritance rights, speak with a Pompano Beach estate litigation lawyer.

Florida Cases Where DIY Wills Led to Disputes

Florida has strict requirements for Wills to be legally valid. A Will must be signed by the person making the Will, witnessed by two individuals, and properly executed. Many DIY wills fail to meet these legal standards, making them vulnerable to challenges. Common mistakes include lack of proper notarization, vague language, and failure to account for all assets

Here are two recent cases that involved DIY estate documentation:

• Case #1: Unwitnessed Will. A Florida man created his own will using an online template, leaving his estate to his three children. When he did this, he failed to have the document properly witnessed. Then, a Florida court ruled that the will was invalid under state law. This means his assets were distributed based on intestacy laws, so they went to his estranged spouse rather than to his children.
• Case #2: Confusing language. An elderly woman used a DIY will service to split her estate among her grandchildren, yet she did not clearly define how her assets should be divided. Because of this, some of her instructions contradicted each other. This resulted in a dispute between family members, leading to years of litigation and thousands of dollars in legal fees before the matter was finally settled.

If a DIY Will has surfaced that you believe unfairly impacts your inheritance or does not accurately reflect the deceased’s true intentions, talk to a lawyer. An attorney can determine if the will is legally valid and whether you have grounds to challenge it.

Signs You May Need Legal Intervention

Each situation has its own specific details to review, but there are a handful of signs that indicate the need for legal support. For example, if a Will excludes beneficiaries unfairly or unexpectedly. Or if there are suspicions of fraud.

Disputes among family members regarding a Will’s terms do happen. If you’re facing a dispute over a DIY Will, don’t wait until it’s too late. The longer you delay, the more difficult it can become to challenge an invalid or unfair document. A seasoned Pompano Beach estate litigation lawyer has the background and skills to ensure you receive the inheritance you deserve.

Who drafted the estate documents you are named in? Whether you have questions about why you were named in a Will or believe you should have been included in a document but weren’t, talk to the legal professionals at Mark R. Manceri, P.A. Schedule a confidential consultation today.