When it comes to legal matters, let’s face it, there are many people in these economic times who are simply looking to cut costs. Absent an emergency, they reason, there is no reason to spend any more than is necessary to get the job done. So, in this line of logic, such people might consider an attorney for the commonly advertised dog bite injury more necessary than an attorney for a will. But is that true?
To begin with, there are no requirements under the law that an attorney be involved with the drafting or execution of a will. So for those simply looking for the black-and-white answer, that’s the best we can do. But, there are of course many more factors determining whether you will need an attorney for a will.
Too Young to Need an Attorney for a Will?
To illustrate this concept, let’s begin with the example of the dog bite vs. estate lawyer comparison. When a dog bite occurs, the parties involved are either suing or being sued for personal damages and medical bills. Time seems to be of the essence, since costs are immediately incurred by the victim and sometimes growing. You need an attorney for this. But while there can be no doubt that costs are accumulating, are circumstances any more dire than when a person dies without a will?
Those who question whether they need an attorney for a will are frequently of the younger and healthier generations. And so to them items like insurance and estate plans, including a last will and portfolio planning don’t resonate as strongly, since the odds of death or disability are significantly less than for those who are older.
But what if the death of a young adult were more likely than that same person suffering from a dog bite? We can probably assume there are more people than dogs in society. And while we know most people probably will never be seriously injured by a dog, we also know that every person will eventually pass away. So at the outset we can dismiss the idea that young people don’t need an attorney for a will based on probabilities.
Estate is too Simple to Need an Attorney for a Will?
Another conflict for those putting together an estate plan is the idea that an estate, or an estate plan is too simple to justify the need for an attorney. The devising of property for some, being a relatively straightforward procedure, should not need the advice of a professional. But the question of course, is how does one know how straightforward the procedure will be after he passes away?
There are a significant collection of common issues that contribute to the reality that the devising of property, however simple, inevitably becomes more complex.
- To begin with, without advice from an estate planning attorney, all property will probably pass through the delays and formalities of probate court – a process which by itself often necessitates an attorney for all the procedures, handling of debts and varied types of property transfers.
- Additionally, if more than one heir stands to benefit from an estate, without experienced advice on how to draft the will there is potential for a conflict over the property’s distribution – which might start a personal rift or issue between members of a family, or exaggerate one that already exists.
- An experienced Massachusetts estate planning attorney, as opposed to the layperson, or even other self-titled “estate planners,” is trained not only on this area of law, but its implications in a greater scheme of laws. How would a lien on a house affect its marketability for sale for example? Or if a person dies leaving a minor child, how can one arrange for a guardianship? Questions like these, as diverse as people themselves, must inevitably be incorporated into an estate plan. And only an attorney can realistically or legally give advice of this kind.
So generally speaking, if we recall the dog bite vs. estate planning attorney example, the estate planner provides preemptive protection against expense while the dog bite attorney provides after-the-fact expense recovery. While both involve simple concepts, it is not difficult to determine which service will cost more.
In summary, while there is no legal requirement that you need an attorney for a will, there are several other reasons why an attorney should be consulted. The amount of money you will spend to develop an estate plan may be less than you expect, and the protection and guidance you will receive for your future heirs will be worth a lot more than that.
