Ask SAM: Are online forms valid and enforceable?

June 21st, 2023 by admin

Question:

Are wills and other estate forms available online valid and enforceable if they're properly completed? — R.H.

Answer:

Sometimes buying things off the internet might not be the bargain you're hoping to get. Mike Wells, a local attorney, said there are potential pitfalls when you use someone other than a lawyer to create such documents. Everyone wants to save money and some options for the preparation of legal documents at a reduced fee or for free will be provided. But generally the preparation of critical legal documents without a lawyer at all is just a bad idea. There are big differences between forms, and what the facts may require.

You can get help and financial aid, if you qualify, for such critical legal documents as wills and powers of attorney from the lawyers at Legal Aid and lawyers who volunteer for Legal Aid.

Online you generally pay a fee to a company for a plan for legal documents. The company will then get a lawyer to draw up the documents at a lower cost than you'd paid going straight to a lawyer.

But the key component is the involvement of a lawyer to make sure critical facts, determinative of what happens when events require, are factored in when defining legal documents are prepared. If your document does not speak to the particular issue at hand, it is not going to be determinative of the solution. Each case is different, and a lawyer should be used to make sure that the documents reflect the needs of the individual. Otherwise, you run a big risk of getting something wrong, often when it is too late to do anything about it.

Posted in: Ask SAM