Question 6: Why not buy a Will or Trust on line?

Question 6: Why not buy a Will or Trust on line?

  • What are the risks of buying a Will or Trust on line? The problems that we have observed tend to fall into three categories.  First are inconsistent provisions.  It seems that, with surprising regularity, provisions are included in Wills or Trusts purchased on line that are inconsistent or even contradictory.  Second, it may be difficult to sign those documents with the required formalities.  When a Will is signed, for example, it is required that the person signing the Will, the notary who will notarize the signatures, and the two witnesses all be present at the same time.  If that is not done, or if the notary or witnesses are omitted, the Will may be invalid and subject to a Will contest.  Third, as to a Trust purchased on line, it is critically important that deeds are prepared and recorded that transfer ownership of your home and other real estate into the Trust immediately.  If that is not done, the Trust will not avoid the need for probate and it may result in your property passing to unintended heirs.
  • For additional information on this subject, see blog discussion here and extended article here.

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