Some people try to save money by writing their own will using a pre-printed form or an online program, without consulting a qualified attorney. The potential unfortunate consequences of using a homemade will can be far worse than the cost of doing it the right way in the first place.
A recent case from Florida provides yet another example of why this is true. A woman named Ann Aldrich wrote her will on something called an “E-Z Legal Form”. She listed her assets – including a house, car, bank account and said they should go to her sister. She also said that if her sister died first, they should go to her brother.
Her sister did die first. As it turned out, her sister bequeathed Ann more than $120,000 and some real estate. But Ann’s “E-Z” will did not say what should happen to this additional property she had inherited after the will was written. When Ann died, her brother went to court and argued he should get all of Ann’s property, including the sister’s inheritance. Ann’s nieces complained this was not fair, and they should inherit part of the sister’s assets. The Court sided with the nieces. The Court said since Ann never said what should happen to the additional property, it should be divided up among the various family members exactly as if she had not had a written will at all!
Ms. MacDonald’s practice is limited to Estate Planning, Probate, Elder Law and Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite A-209 in Valencia. She can be reached at 661-294-6464.