Online Estate Planning: When You Should, When You Shouldn’t and Where to Do It

As our community continues to struggle with the impact of the COVID-19 virus, one positive that has come to light is how much we can do virtually. From essential business functions to social gatherings with friends, many of us (including our firm!) have adapted and learned how to keep calm and carry on, online.

As we stay safer at home and go about much of our lives on the internet, it can be tempting to think you can do your estate planning online, too. And, maybe you can. But, if you do, you need to know the potential pitfalls. Online estate planning can be a trap for the uninformed and may actually leave your family worse off than if you had done nothing at all. 

But Don’t I Just Need a Will, and Can’t I Do It Online? 

Here’s the funny thing about estate planning: most people think a Will is the only legal document that they need (“I just need a Will”), but it is only a small part of a good, comprehensive plan.

Yes, every adult needs some estate planning, and a Will is always a good idea, because it spells out who gets your stuff and who is in charge of distributing it. However, a Will does not keep your family out of court. It will also not protect you and your loved ones if you are incapacitated and can’t speak for or care for yourself. It doesn’t guarantee that your minor children won’t be removed from your home and placed into the care of strangers. It won’t protect your assets from your heirs’ future creditors and divorces. It won’t help you pass down your story and your intangible legacy – the things that make you, “you.” And most importantly, it won’t provide clarity and guidance for the people you love who need to make decisions during what will undoubtedly be a difficult time for them. Simply put, a Will is not enough protection for most individuals and families.

DIY online estate plans (and even many estate plans created by lawyers who do not focus on estate planning for families) usually include three to five basic documents: a will, a financial power of attorney, an advance health care directive (living will,) possibly a trust, and a legal guardian nomination if you have minor children. 

The very nature of online programs require that these documents be standard cookie-cutter templates, that don’t take your unique family circumstances into account, and often may not even be compliant with up-to-date laws in your state. Completing ANY of these documents without counsel is simply not sufficient to guarantee your estate will be executed as simply, affordably, and effectively as you wish. 

If there are attorneys on staff at these on line companies who are available to talk, they don’t get to know you and your family dynamics enough to spot the real issues that could arise. They are, instead, focused on a one-size-fits-all solution.

For instance—are you sure there isn’t some missing consideration that could lead to turmoil as your family tries to figure it out? Did you know that most family fights don’t even happen over money, but over lack of clarity? Have you taken into account all your extended family, including stepchildren and ex-spouses? Have you excluded anyone you don’t want taking custody of your children or assets? What will be done with all the personal, sentimental items you want to pass on?

With online wills and DIY estate planning docs, you wouldn’t even know what questions to ask to uncover the potential risks to the people you love, who deserve to receive everything you’ve worked to create in your life and to carry on your story.

What CAN You Do Yourself?

Despite the dubious quality of online legal documents, there is some estate planning that you can do yourself, without the help of an attorney.

For starters, you can have a conversation. Start with yourself and, if you’re married, your spouse. Think about your wishes if you were to become ill, or to pass away. Then talk with your loved ones, so that everyone is on the same page. Use these conversations as a framework for establishing an inventory of what matters to you, and what you’d like to protect.

Next, you can think about creating your own advanced care directive. In Massachusetts, a living will is not a binding document, but it can still provide crucial guidance to your loved ones in the event you are unable to advocate for yourself. If you choose to document your wishes yourself, you’ll still want to work with an attorney to establish a legal power of attorney and a health care proxy to carry out these wishes.

Lastly, you can record a personal interview, to pass on the stories, guidance, and traditions you’d want your loved ones to know about if you weren’t here to tell them yourself. This is perhaps the most meaningful part of an estate plan (which is why we include it in all of our planning levels,) yet is overlooked completely by online planning, and by most other traditional estate planning law firms.  (Learn more about these safer-to-DIY items .)

So How Can You Be Sure You’ve Got Everything Covered, Legally? The Kind of Estate Plan Your Family Deserves

Even lawyers who specialize in estate planning often base their work on template documents, and have limited skill in getting to the heart of your family matters. They may be well-intentioned, but they’re working with an old, traditional system that was last updated around the same time as word processing. Your estate planning documents are only as good as the understanding a lawyer has about your family dynamics, the nature of your assets, how the law will apply to your situation, and how they can be written as simply as possible to achieve your wishes. You need much more than just a set of three to five filled-out template documents to address all those complexities. 

This is where we come in. We work to educate you, empower you, and support you to make the right decisions for the people you love, while we get to know what really matters to you. 

We do this through our Family Wealth Planning Session: We start by having you tell us your story, so that we can get to know you and your family. We then inventory your assets, ensuring they are all owned in a way that will keep your family out of court (if you wish) and conflict (which you surely do); and ensure everyone named in your plan has what they need and understands your choices. Most importantly, we ensure you understand your plan, and we ensure you pass along more than just your money. 

Do-it-Yourself estate planning is risky. While it may be better than nothing, often it can be worse. And it won’t be you who suffers – it will be your family, who won’t discover costly errors until after you are gone. By then, it will be too late to fix them. If you want to do the right thing by the people you love, we offer some options for how to get started:

  1. Schedule a 15-minute call with our client services team to discuss whether a Family Wealth Planning Session is right for you, or to book an appointment with one of our attorneys. 
  2. Download one of our free reports, to learn in more detail what legal planning families with minor children, and empty nesters should have in place. 
  3. Attend a PEPtalk about DIY estate planning and learn what you can do from home yourself and what, specifically, we advise you do with an attorney.
  4. Attend a webinar and learn more about how to protect yourself, your loved ones and your assets.

As a parent, you may have questions about what you really need in place to protect your kids, your family, your assets, and yourself. From guardians and trusts to wills and health care documents, it can be hard to know where to start. Read on for answers to some of the most common estate planning questions we hear from parents.

Question 1: What is an estate plan?

When people hear the word estate, they often imagine mansions or large investments, but your estate is simply everything you own: your home, savings, personal belongings, and, most importantly, the people you want to protect.

Estate planning is about making thoughtful decisions ahead of time. It allows you to decide who would care for your children, who would make financial or medical decisions if you couldn’t, and how you want your assets managed and distributed.

Whether you’re just starting your career, growing your family, or planning for retirement, an estate plan gives you the opportunity to make those decisions yourself rather than leaving them to default state laws.

Question 2: Do I really need an estate plan if I’m young and healthy?

Even if you’re young and healthy, estate planning matters because life can change in an instant.

With a plan, you name guardians and decision-makers. Without one, many of those decisions may be left to the court or determined by state law. For example, if both parents are unable to care for their children and no guardian has been named, a court will appoint one.

A thoughtful plan can protect your family’s future, provide guidance, and help ensure your children’s inheritance is handled the way you intend.

Online forms and AI tools can be useful for general education, but they can’t provide legal advice or tailor a plan to your needs. An experienced estate planning attorney can help create a plan that’s customized, complies with state law, and is designed to hold up legally when your family needs it most.

Question 3: What documents are included in an estate plan?

A comprehensive estate plan includes several key documents that work together to protect your family.

A Will lets you name guardians for your minor children and direct how your assets are distributed.

A Revocable Living Trust can help avoid probate and provide more control over how assets are managed and distributed.

A Durable Financial Power of Attorney allows someone you trust to manage your financial affairs if you become incapacitated.

A Health Care Proxy allows you to appoint someone to make medical decisions on your behalf if you’re unable to do so.

A HIPAA Authorization gives the people you choose permission to access your medical information when needed.

The right combination of documents depends on your stage of life and your family’s unique needs.

Question 4: Do I need a will, a trust, or both?

This is one of the most common questions parents ask, and the answer depends on your goals.

A will allows you to name guardians for your minor children and direct how your assets are distributed.

A revocable living trust is often used alongside a will. It can help avoid probate, provide privacy, and give you more flexibility in how assets are managed and distributed.

For parents of young children, one of the biggest advantages of a trust is the control it provides. A trust lets you decide when and how your children receive their inheritance rather than having assets become available when they reach legal adulthood. Without that structure, significant assets like a home or investments may become available at a much younger age than most parents feel is wise. A trust also allows you to appoint someone you trust to manage those assets until your children reach the ages or milestones you choose.

For many families, the right solution includes both a will and a trust. It depends on factors like home ownership, the age of your children, and whether you want to avoid probate or set conditions for an inheritance.

Often, the better question isn’t “Do I need a will or a trust?” but “What do I want my plan to accomplish for my family?”

Question 5: How much does estate planning cost?

The cost of estate planning can vary widely depending on your family’s unique situation, goals, and the complexity of the plan.

The most important question isn’t simply what it costs, but what level of planning will best protect your family.

Once an attorney understands your goals and your situation, they can recommend the right approach and explain the fees up front.

Question 6: What happens if I don’t have an estate plan?

There is always a plan. It just may not be the one you would have chosen.

If you don’t create an estate plan, Massachusetts law provides a default plan for many important decisions. Those laws are meant to provide a framework, but they can’t account for your family’s unique needs or your preferences.

Without a plan, a court may need to appoint guardians for your minor children. Assets will be distributed according to state law, and your loved ones may experience unnecessary delays and additional stress.

Creating a plan allows you, not the state, to make those important decisions and provides clear guidance when your family needs it most.

Question 7: How do I choose a guardian for my children?

Choosing a guardian is one of the most important decisions parents make, and it can also be one of the toughest.

Many families struggle to find the one “perfect” person. At our firm, we help parents think through the decision and identify the best fit for their family. We’ll discuss questions you may not have considered, explore different scenarios, and help you make a decision that reflects your values and gives you confidence in your plan.

Thoughtful estate planning also allows you to clearly document your wishes. In some situations, parents have strong feelings about people they do not want serving as guardians. Clearly expressing those preferences in your legal plan can provide important guidance and help reduce uncertainty if difficult decisions ever need to be made.

Remember, naming a guardian isn’t permanent. As your children grow and circumstances change, your plan can be updated to reflect your family’s evolving needs.

Question 8: What happens if I don’t name a guardian?

If both parents are unable to care for their children and no guardian has been named, a court will appoint someone.

The court’s responsibility is to act in the child’s best interests, but without your guidance, the court could appoint someone you would not have chosen.

By naming a guardian, you provide the court with important guidance about who you believe is best suited to raise your children.

Question 9: When should I update my estate plan?

Estate planning isn’t something you do once and forget. Your plan should grow and change as your life does.

It’s a good idea to review your estate plan after major life events, including:

  • Getting married or divorced

  • The birth or adoption of a child

  • When your children become legal adults

  • Buying or selling a home

  • Receiving a significant inheritance

  • Starting or selling a business

  • A significant change in your financial situation

  • The death or incapacity of someone named in your plan, such as a guardian, trustee, executor, or agent under your power of attorney

  • Moving to another state

  • If your child is diagnosed with special needs, or if their diagnosis, abilities, level of independence, or long-term care needs change over time

  • Every three to five years, even if nothing major has changed

At our firm, estate planning is an ongoing relationship, not a one-time transaction. As your family grows and life changes, we’ll help you review and update your plan so it continues to reflect your wishes and protect the people you love.

Question 10: Can I create my estate plan using AI or online forms?

AI tools and online forms can be helpful for learning basic concepts or organizing your thoughts, but they can’t give legal advice or evaluate your family’s unique situation.

An estate plan is more than a set of forms. It’s a coordinated legal strategy designed around your specific goals and family dynamics.

If key issues aren’t addressed, certain decisions may default to state law, which can lead to unintended results.

Working with a qualified estate planning attorney who works with young families every day helps ensure your plan is tailored to your family’s needs and wishes. Rather than a one-time transaction, you’ll have a trusted advisor who can help keep your plan current as life changes.

Question 11: How do I get started?

Getting started is often easier than people expect.

The first step is scheduling a complimentary 15-minute call with our Client Services Coordinator.

You don’t need to have all the answers before you reach out. You don’t need to know exactly who you’d choose as guardians or what documents you need. That’s what we’re here to help with.

During that call, we’ll learn a little about your family, answer your initial questions, explain what to expect, and help determine the next best step.

If it makes sense to move forward, we’ll schedule a planning session with one of our attorneys, where we’ll talk through your goals, explain your options in plain language, and help you feel confident about the path forward.

Our goal is to make estate planning approachable, understandable, and personal so you can move forward with confidence, knowing your family is protected.

Question 12: What can I expect during my planning session?

Your planning session is a conversation, not a presentation.

We’ll take time to get to know you, listen to your goals, and answer your questions. We’ll walk you through decisions you may not have thought about, such as guardianship and how and when assets should pass to your children.

By the end of your planning session, you’ll have a clear understanding of your options, what we recommend, why we recommend it, and what the next steps look like.

Our goal isn’t simply to create legal documents. It’s to help you build a thoughtful estate plan that reflects your wishes and protects the people you love.

Question 13: How long will my estate plan take to complete?

Creating your estate plan begins with your planning session, and we ask clients to reserve about 90 minutes so we can truly understand your family and your goals.

During the first part of your planning session, we’ll get to know you, answer your questions, explore your wishes, and discuss what’s most important to you. We’ll explain your options in plain language and recommend the level of planning that’s right for your family’s unique situation.

If you decide to move forward with our firm, the second part of the planning session is spent beginning to design your estate plan. Together, we’ll map out the important decisions and gather the information needed to prepare documents that reflect your wishes and protect your family.

It takes about four weeks from your planning session to signing your estate planning documents. A lot will depend on how quickly you’re able to finalize your decisions. It’s important to remember that nothing is legal until it is signed, so we move you to your signing meeting as quickly as possible.

We’ll be with you every step of the way, keeping you informed so you’ll always know what to expect.

Ready to protect your family? Schedule a complimentary 15-minute call with our Client Services Coordinator to get started. Let’s chat. 

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The Parents Estate Planning Law Firm, PC

At The Parents Estate Planning Law Firm, we answer your questions at your convenience; we stay in frequent communication; and we meet to discuss changes in life circumstances and in the law to ensure that your assets are protected.

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