Following Prince’s death on April 21, and the ensuing revelation that he died intestate (without a will), DIY legal sites have seen a dramatic uptick in overall estate planning volume – but are these DIY estate plans really protecting people as much as they think?
Nolo.com saw a 24% spike in sales of its WillMaker service, 42% for its Nolo Online Will and 41% for its Nolo Online Living Trust service.
LegalZoom.com saw a 46% increase in overall estate planning volume.
RocketLawyer saw a 57% increase in estate planning activity.
USLegalWills.com posted a 61% surge in will in the three weeks following Prince’s death.
But, having personally attempted to probate these DIY wills, simply filling in the blanks and signing on the signature page is not enough. More often than not, people fail to have their DIY wills notarized, meaning they are not self-proving wills. When the executor goes to submit the will for probate after the testator has passed, they be rejected initially and be required to track down the witnesses and get them to sign affidavits to verify that they witnessed the will.
Even if these people knew to get the will notarized, a lot of notaries won’t notarize a will without the attorney who drafted the will present or without the testator have the oath of competency administered prior to signing.
The preparation of the document is not enough. The formalities and the planning involved is much more important and eclipses any potential monetary savings you could get from going the DIY route.
People create a will to prevent their family from going through a bunch of hassle after they pass. But, getting a DIY will can deliver just as much hassle. Seeking legal advice and planning is far better in the end – and I’d say that even if I wasn’t an Estate Planning Attorney.
Cheers,
Paul A. Yokabitus
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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