When it comes to estate planning, many Ohio families assume that drafting a will is enough to protect their loved ones. It’s easy to see why—there are countless online tools promising quick and inexpensive DIY wills. But here’s the truth: a DIY will can create more problems than it solves.
Without the right legal guidance, mistakes in a will can leave your family stuck in a long, expensive court battle. Worse, a will alone isn’t enough to fully protect your assets or ensure your wishes are carried out. Let’s take a closer look at why estate planning is more than just a will and the hidden dangers of doing it yourself.
Estate Planning is More Than Just a Will
A will is an important document, but it’s only one piece of a complete estate plan. Think of it like having car insurance—it’s helpful, but you still need health insurance, homeowners insurance, and other protections to cover all aspects of your life.
A well-rounded estate plan includes:
- A Will – Outlines who will inherit your assets and who will manage your estate.
- A Trust – Helps manage and distribute assets while avoiding probate and potentially protecting assets.
- Durable Power of Attorney – Gives someone you trust the ability to handle your finances if you become incapacitated.
- Healthcare Power of Attorney & Living Will – Ensures your medical decisions are honored and names someone to advocate for your care.
- Beneficiary Designations – Determines who receives your life insurance and retirement accounts without them going through probate.
A DIY will often ignores these critical components, leaving your loved ones unprotected.
The Risks of a DIY Will
Many people believe that writing a will is straightforward, but Ohio has strict legal requirements that must be met for a will to be valid. If you don’t follow these rules, your will could be challenged—or worse, completely disregarded—after you pass away.
Common DIY will mistakes include:
- Failure to Meet Ohio’s Legal Standards – A will must be signed and witnessed correctly, or the probate court may not recognize it.
- Vague or Incomplete Language – Online templates often lack the specific wording needed to prevent legal disputes.
- Increased Risk of Probate Delays – Errors in a will can cause lengthy court proceedings, delaying the distribution of assets to your heirs.
What DIY Wills Often Overlook
A DIY will might seem simple and affordable, but it often misses key details that can lead to legal headaches for your family.
For example:
- Naming Guardians for Minor Children – If you don’t clearly designate a guardian, the court decides who raises your children.
- Handling Complex Assets – If you own a business, real estate, or valuable investments, a will alone won’t properly protect them.
- Coordinating with Non-Probate Assets – Life insurance policies and retirement accounts pass directly to named beneficiaries, but if those names aren’t updated, your assets might go to the wrong person.
- Minimizing Taxes & Legal Challenges – A well-crafted estate plan can reduce tax burdens and prevent disputes between heirs. DIY wills rarely address these issues.
The Risks of DIY Trusts & Other Estate Planning Mistakes
Trusts are a great estate planning tool, but they require proper setup and funding to work effectively. Many people who attempt DIY trusts make critical errors, such as:
- Failing to Transfer Assets – A trust only works if assets are legally transferred into it. If that step is skipped, the assets must go through probate.
- Unclear or Conflicting Beneficiary Designations – A trust may say one thing while a will or retirement account says another, creating confusion and potential legal battles.
- Failure to Update Documents – Estate plans need to be reviewed regularly, especially after major life events like marriage, divorce, or the birth of a child. DIY plans are often neglected and outdated when they’re needed most.
Why Professional Guidance Matters
Estate planning attorneys ensure that your documents comply with Ohio law and are legally enforceable. They can:
- Help you avoid probate by using trusts and proper beneficiary designations.
- Minimize estate taxes so more of your wealth goes to your loved ones.
- Reduce the risk of legal challenges by ensuring your wishes are clearly documented.
- Provide peace of mind knowing your family won’t be left dealing with legal headaches.
A DIY will might seem like an easy solution, but it often creates costly and stressful problems for your family down the road. Estate planning is too important to leave to chance.
If you want to make sure your wishes are legally protected, contact our office today. We’ll help you create a solid estate plan that keeps your loved ones secure and avoids unnecessary court battles.
