Nov. 11, 2025
Don’t Rely on Services Like Trust & Will or LegalZoom for Your Estate Plan
You’ve probably seen ads promising an easy, low-cost way to draft your will or trust online. But here’s the thing: your family, your assets, and your goals are far too important to leave to a fill-in-the-blank template. Let’s talk about why.
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Well, good afternoon, Michiganers, and welcome back to Tuesday with Tom,
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Michigan's Only podcast, where we talk about estate planning, a
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state settlement, and everything in between. As always, I'm your host,
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Tom Doyle, a state planning attorney, lifelong Michigan resident, an
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ambassador for everything good in this great state of Michigan. Welcome,
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Welcome to today's episode. Well, just a brief cap. Brief
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recap last episode More things you need to know about
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a helock. Last couple episodes, I talked about possibly using
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helocks as a way to lock down your title to
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your home so that someone can't fraudulently transfer it, and
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I talked about why that is the case and how
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it would work. And then the last episode I gave
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even some more ideas if you're going to consider a helock,
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what you might be looking for and getting that. So
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if that's a concern to you, I invite you listen
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to the last couple episodes. Well something today. Don't rely
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on services like Trust and Will or Legal Zoom for
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your state plan But please remember what I'm about to
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discuss is meant to be educational and informative. It is
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not legal advice. Every person's situation is different, so be
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sure to talk with your own attorney to figure out
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what makes the most sense for you and your estate plan.
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Don't rely on services like Trust and Will or Legal
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Zoom for your state plan. You've probably heard the advertisements
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or seen them on the internet. You can go to
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a service like Trust and Will, which is one of
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the newer ones. It's an attorney created service, or a
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more one that's been around quite a bit longer. Legal Zooms. Well,
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today we're going to talk about why you shouldn't rely
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upon those services in creating your estate plan, and it's
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a topic I feel very strongly about. Bottom line, having
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a state plan is not simply about having a legal
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document created for you, and that's all those services do.
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We're going to talk in a minute about what they
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actually do for you. But simply having a legal document
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created for you is not having an estate plan. The
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legal documents, in the end, are simply the tools that
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are going to be used to carry out your state plan.
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So it's to look at your goals, what you're trying
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to accomplish, and then utilizing the documents that appropriately fulfill
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those goals. And so if you don't know what you're doing,
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and you decide to prepare the documents yourself so or
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even buy them through one of these online services. What
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you're not getting, even though they say created by a lawyer,
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that's not saying the lawyer has anything to do with
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your estate plan. What you're not getting with any of
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those services is a knowledge and experience of an estate
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planning attorney who can help you determine what documents are
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appropriate for you, what you actually need, and what those
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documents are saying. So let me just start out at
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this point. Do you know what you're doing? So you
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think I'm going to go online, I'm going to do
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a will or a trust using one of these services,
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do you know what you're doing? Well, Amanda, and I
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let me give you an example. A man and I
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met with some prospective clients a while back. They had
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come to one of our seminars, they said, an appointment
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after that seminar. They came in to see us and
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they put on the table in front of us the
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various estate planning documents that they had prepared themselves using
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an online service. And when they began the conversation, they
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said some thing like, well, you know, we're certain that
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all these documents are in order, and we're really not
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sure that they need to be double checked, but we
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wanted to talk about making some changes. So they weren't
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coming to us to ask us to review the documents
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for whether or not they were correct. They were coming
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to us because now they're looking at trying to make
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some changes, and what they're realizing is the online service
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that they used didn't allow for making changes to their documents.
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So I started out picked up their will, and after
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reading the first sentence of the will, I asked them
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when they had lived in Texas, to which they replied, well,
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we'd never lived in Texas, and why is it that
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you're asking that question. Well, it turns out that in
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the first sentence of the will I was reading, it
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said that I, John Smith, being a resident of Texas,
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do make this my last will and testament. And so
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clearly knew at that point that they didn't understand what
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they had even done. If they couldn't have even realized
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that the very first sentence of the legal documents were
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actually for the wrong state. Well, so Legal Zoom, Trust
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and Will, two of the big players out there right now.
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They make it sound very much like we're going to
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provide you great legal services. You can get these documents
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prepared and it's going to be matching up to the
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information that you're providing to us. Well, let's take a
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look at some of the terms and services. Now, this
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is the contract mind you. For example, legal Zoom. If
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you use legal Zoom, they have terms and services on
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their website and this is what they're saying to you.
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In part, LegalZoom dot Com provides an online legal portal
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to give visitors a general understanding of the law and
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to provide an automated software solution to individuals who choose
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to prepare their own legal documents. So stop right there.
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Does that say that legal zoom is providing you documents
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that are appropriate? Does that say that legal zoom is
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looking at what you're trying to accomplish, what your estate
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planning goals are, and trying to create documents that match it. No,
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they're simply providing an automated software solution if you choose
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to prepare your own Continuing, at no time do we
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review your answers for legal sufficiency, draw legal conclusions, provide
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legal advice, opinions or recommendations about your legal rights. Remedies, defenses, options,
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selections of forms or strategies, or apply the law to
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the fact of your particular situation. That's essentially what lawyers
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do when they're working with you to create your estate plan,
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and legal Zoom is clearly saying they don't do it.
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In fact, following up to that paragraph, legal zoom, its
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services and its forms or templates are not a substitute
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for the advice or services of an attorney. So, again,
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using something like legal Zoom, they're basically saying, you know
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what you're doing, you know what the documents mean, You're
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able to create those documents. We're just here basically fill
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in some blanks and we're going to split some documents
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value out for you. So let's look at Trust and Will,
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one of the newer ones that certainly markets itself, has
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been created by lawyers. Again, terms of service. This is
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the contract that you're entering into with Trust and Wills.
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Part of the terms of service says, while Trust and
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Will strives to ensure that it's automated services are complete,
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they are intended for use as a self help form.
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The materials and services are not substitutes for an advice
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and an attorney. So if you're looking to have recommendations
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made to you when you type in your information, and
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you're expecting that that computer is going to spit out
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documents that match your particular circumstances, what your goals are,
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what you are trying to do, trust in Wilms is
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basically saying we are not doing that. In fact, they say,
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as part of our services, we offer self help fill
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in the blank forms. So you're just going to fill
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in the blank. Are the blanks right? Well, look at
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that will that was done by the client who brought
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it in. They filled in the blanks. I don't know
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how the blanks got filled in to say that they
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lived in Texas. Somehow that happened and they didn't even
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recognize that had happened to them. And again, trust and Wills,
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our services are not substitutes for the advice of an attorney.
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And if you need legal advice for your specific matter,
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or if your matter is too complex to be addressed
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by our tools, you should consult an attorney in your area.
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Let's go back. If you need legal advice for your
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specific matter, well, isn't that what you want when you're
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having your estate plan done? You want advice that is
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applicable to your specific circumstances. And they go on explain
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even further. They talk about they have this error checking process,
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and they make it sound like, oh, we're going to
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make sure that everything is correct. Well, what does the
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error review? What is that? By trust and will? This
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air review does not include any assessment of legal accuracy
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or validity of the documents, compliance with current state or
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federal laws, appropriateness of the documents for your service, tax implications,
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are consequences or potential conflicts with other state planning documents
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you may have. So all they are doing with their
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error is a're making sure that name seem to match up.
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There is nothing more involved than that. And so I
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have to believe when you're looking at getting your state
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planning documents prepared, you want to make sure that they
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are legally accurate. You want to make sure that they
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comply with current state laws. You want to make sure
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that they're specifically appropriate for your situation, that tax and
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other consequences have been considered, and make sure there isn't
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a potential conflict with other estate planning documents. Now, both
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of these services look at their websites. They both talk
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about oh, we have lawyers. We have lawyers, you can
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click a button, you can pay an additional money, and
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we have experienced lawyers. When you really read through what
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those experienced lawyers are doing, they're not designing your estate plan.
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You've already designed the estate plan, You've already prepaid the documents.
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That's all done before the lawyer gets involved at all.
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And look and be considered. Look carefully, if you're going
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to use one of those services, what is the lawyer
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actually doing for you? Because in many cases, what you're
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really doing is you're buying a prepaid legal plan. Prepaid
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legal plan, Okay, I'm prepaying a lawyer for some legal
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advice that I suggest to you is not the same
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thing as a lawyer looking what you're trying to accomplish,
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understanding what your circumstances are, understanding what you're trying, what
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your goals are, and then actually designing documents to fit
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those goals. The lawyer is not designing your legal or
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your trust in will documents. The lawyer is not designing
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your legal zoom documents. Those are all being done by
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those services, not by the lawyers. So one size doesn't
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fit all. Every family is unique maybe you've got a
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blended family, or you've got children from prior marriages, or
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you've got a special needs child, or you've got charitable goals,
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or maybe you've got some complex business interests. Well, unless
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you can design the forms yourself, an online form can't
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capture those nuances. And again you're not getting personal advice
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or guidance. There's no attorney advising you which type of
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trust or whether you even need a trust. The assumption
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when they indicate we are trust in wills is that
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everybody should have a trust will, not everybody should have
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a trust. You're looking for a lawyer to advise you
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what your strategies should be to accomplish your goals, and
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in some cases that would be having a trust. In
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some cases that not trust in will or legal Zoom
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is never ever going to talk about using beneficiary designations
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in lieu of possibly having a trust, or using beneficiary
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designations as part of a plan to avoid probate and
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understanding what the consequences are of these various beneficiary designation
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that you're using, And they're not going to talk to
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you about how do you coordinate your will your trust
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with your retirement accounts or with your life insurance, or
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how you can minimize taxes or even avoid probate complications.
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And let's be honest, these are the kinds of things
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that can make or break your estate plan. And I
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mentioned earlier. Laws change, documents get outdated, they need to
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be updated. And because the laws change, because these things change,
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none of these services will be there updating your documents
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for you. So bottom line, online platforms simply are not
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equipped to handle your estate planning. It might be advanced planning,
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maybe you're going to have some advanced trust, maybe you're
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going to be planning for asset protection strategies, or maybe
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you've got some complex family dynamics that you need to address.
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Maybe you're trying to disinherit a child a very frequent one.
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These services aren't designed for that sort of planning. So
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when you work with an experience to state planning attorney,
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you get more than documents. You get education and advice
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tailored to your family's needs. You get the confidence that
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your plan will work when your family needs it most,
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and you avoid costly mistakes to ensure that your wishes
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are clearly understood. Ask yourself, if you prepare your own will,
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and you don't do it right. What's the worst thing
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that could happen. Well, you're not going to be here
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to find out. If it's done wrong. It will be
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your loved ones who will be affected by an improperly,
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poorly drafted document, Isn't that really? The reason to have
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the estate plan is so that you have the peace
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of mind from knowing that your loved ones will be
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protected after your death. So, while I appreciate that having
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an estate plan prepared costs money, the point of hiring
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an estate planning attorney is so that the attorney's knowledge
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and experience can be used to prevent additional grief and
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heartache to your family after you have died. And your family,
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I submit to you and your legacy deserves more than
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one size fits all temp plate. Now, if you used
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an online service in the past, I'm not judging you
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for that, but certainly if you have, you need to
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make sure that you've had it reviewed by an estate
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planning attorney so you can be sure that it does
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do exactly what you're trying to do with your estate plan.
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Of course, amand and I would be truly honored to
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