The Hidden Dangers of DIY Wills
In today’s digital world, online platforms like LegalZoom, WillMaker, and LawDepot offer do-it-yourself (DIY) estate planning solutions. While these services promise convenience and affordability, they often fail to account for the complexities of New Jersey estate laws. A simple mistake in a DIY will could lead to legal battles, probate delays, and financial loss for your loved ones.
At Cohler Law, we’ve helped countless New Jersey families avoid the pitfalls of DIY wills. A properly prepared estate plan ensures your final wishes are honored and protects your loved ones from costly legal complications.
If you’re considering creating a will on your own, it’s essential to understand the risks involved and how a qualified New Jersey estate planning attorney at Cohler Law can help you avoid costly pitfalls.
Can a DIY Will Hold Up in New Jersey Probate Court?
A will is only useful if it’s legally valid and accurately reflects your intentions. In New Jersey, a will must meet specific legal requirements to be enforceable, including:
- Being in writing: New Jersey law does not recognize oral wills (except under rare circumstances for active military personnel).
- Signed by the testator (you): If you’re physically unable to sign, another person can sign on your behalf in your presence and under your direction.
- Signed by two witnesses: Witnesses must see you sign the will and sign it themselves in your presence.
- Notarization and Self-Proving Wills: While New Jersey does not require a notary for a will to be valid, notarizing it can make it “self-proving.” A self-proving will expedite the probate process by eliminating the need for the court to contact the witnesses, reducing delays and administrative burdens.
DIY Will templates often fail to include critical legal language or follow New Jersey’s formalities, leading to confusion and potential rejection by the probate court. If a will is deemed invalid, your estate could be distributed according to New Jersey’s intestacy laws – meaning your assets may not go to the people you intended.
Common DIY Will Mistakes That Can Cause Similar Issues
Unclear or Contradictory Language
A DIY template may not include precise legal terminology. Ambiguous wording can lead to disputes among heirs, causing delays and increased court costs.
Failing to Account for New Jersey’s Estate and Inheritance Taxes
New Jersey does not currently impose a state estate tax, but it does have an inheritance tax that could affect certain beneficiaries. Without proper planning, your heirs could face unexpected tax liabilities that could have been reduced or avoided with professional estate planning.
Leaving Out Key Assets or Beneficiaries
DIY wills often fail to include all assets, such as digital property, business interests, and jointly owned real estate. They may also unintentionally exclude stepchildren, unmarried partners, or individuals with special needs.
Incorrect Execution
Even if your will reflects your wishes, failing to sign it correctly or having improper witnesses can render it invalid. Without a valid will, your estate will be distributed under New Jersey’s default inheritance laws.
No Contingency Planning
Life is unpredictable. DIY wills often don’t account for what happens if a beneficiary predeceases you, if an executor declines their role, or if new laws impact your estate plan.
Why a New Jersey Estate Planning Attorney Is Essential
An experienced estate planning attorney does more than just draft a will – they provide strategic advice tailored to your unique situation. Here’s how a lawyer can help:
Personalized Estate Planning
An attorney will create a legally sound will that ensures your wishes are honored while complying with New Jersey laws. They will also explore whether additional estate planning tools – such as trusts, powers of attorney, and healthcare directives – are necessary.
Avoiding Probate Pitfalls
A lawyer can help structure your estate to minimize probate complications and ensure a smooth transfer of assets to your heirs. This can be especially beneficial for homeowners, retirees, and high-net-worth individuals.
Asset Protection Strategies
Beyond writing a will, an estate attorney can help protect your assets from creditors, lawsuits, and excessive taxation through legal strategies like trusts and gifting plans.
Updating Your Estate Plan Over Time
Life changes such as marriage, divorce, childbirth, and financial shifts require estate plan updates. DIY wills often remain static, while an attorney can ensure your plan evolves with your circumstances.
Common Myths About DIY Wills
Despite the risks, many people believe DIY estate planning is sufficient. Let’s debunk some common myths:
Myth: “I Don’t Own Enough to Need a Will.”
Even if you have modest assets, a will ensures your belongings go to the right people and prevents unnecessary legal complications.
Myth: “A Simple Will Is Enough.”
For those with minor children, blended families, or real estate holdings, a simple will may not provide enough legal protection.
Myth: “DIY Wills Save Money.”
DIY wills may seem affordable upfront, but correcting errors later can result in significant legal fees and unnecessary stress for your family.
Who Needs a Professionally Drafted Will in New Jersey?
While everyone should have a legally sound will, some individuals face even greater risks when relying on DIY estate planning. If you fall into any of the following categories, working with an estate planning attorney is especially important:
- Homeowners: Real estate ownership adds complexity to wills and probate, requiring proper legal structuring to avoid disputes or unintended transfers.
- Parents of Minor Children: Naming guardians and structuring inheritance plans ensures your children are cared for and financially protected.
- Business Owners: Without proper planning, your business may not transfer as intended, potentially leaving partners, employees, or heirs in legal limbo.
- Retirees & Aging Adults: Estate planning isn’t just about asset distribution – it also includes planning for potential incapacity with powers of attorney and healthcare directives.
- High-Net-Worth Individuals: Proper legal guidance ensures asset protection, minimizes tax liabilities, and helps with efficient wealth transfer.
Regardless of your circumstances, a professionally drafted will provides peace of mind, ensuring your estate is legally secure and your loved ones are protected. Taking the right steps now can prevent unnecessary legal hurdles and family disputes down the road.
Don’t Risk Your Estate – Work With a Trusted New Jersey Attorney
Contact Cohler Law for Professional Estate Planning in New Jersey
A DIY will might seem like an easy fix, but the risks far outweigh the benefits. Ensuring your estate is legally protected requires careful planning, precise execution, and knowledge of New Jersey’s estate laws.
At Cohler Law, we provide comprehensive estate planning services to individuals and families in Burlington, Gloucester, and Camden Counties, including Cherry Hill, Marlton, Mount Laurel, Washington Township, and beyond. Our firm helps clients create wills, trusts, and other essential estate planning documents tailored to their needs.
Take the first step toward securing your legacy. Contact us today at 856-644-1969 or fill out our online contact form to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Estate planning laws vary by state, and individual circumstances may require professional guidance. Contact Cohler Law for a consultation to discuss your specific estate planning needs.