DIY wills are incredibly prevalent on the internet. It can be tempting to just download a premade template and create your will yourself in order to save some money. However, there are many risks that are associated with using DIY wills rather than creating your will with professional guidance. In most cases, these risks can outweigh the expenses of working with an attorney to create the ideal will for your situation. At Stevenson Smith Hood Knudson, we can provide superior estate planning to meet all of your needs. Here are a few of the dangers of DIY wills.

Failure to Distribute Entire Estate

When you use a DIY will, it is possible that you will forget to include certain assets of your estate. This can cause confusion when the estate is being distributed. When you work with a professional, you can be confident that your will addresses all of your estate.

Not Updated with Changing Laws

Laws, especially tax laws, seem to change and evolve over time. DIY wills circulating on the internet are usually not updated to meet these changes. This can cause the will to be ineffective or not meet your goals. An attorney can help to provide you with guidance toward creating a will that considers the current state of the law.

Not Specific to Your State

Laws regarding estate planning and distribution will vary depending on the state. A generic DIY will won’t necessarily address these differences. This can be extremely detrimental to the efficacy of your will. It is essential to work with an estate planning attorney that is knowledgeable about the specific laws in your area or the area where the estate is located.

Failed Document Interaction

A comprehensive estate plan often includes several documents to ensure that all kinds of factors are addressed. There are enough risks with trying to complete a single document on your own. When you use multiple documents, these risks are often exacerbated. It is important to ensure that each of your documents works together to develop a comprehensive estate plan that will best meet your needs.

Improper Execution

The way that you sign your will impacts whether the will is valid or not. There are many steps that have to be taken to ensure the will is valid. You have to sign your will in the appropriate locations, as well as have the document witnessed and notarized. An attorney will ensure that your will is executed properly.

Failure to Plan for Alternate Scenarios

There are many things that can impact your estate plan and will. When you work with an attorney, you will be better able to plan for alternate scenarios that can impact your estate distribution process.

Lack of Personal Guidance

If you’ve never created a will before, you have no experience with the process. An estate planning attorney, however, has a great deal of experience in this process. When you work with our team, you can be confident that you will receive superior personal guidance to make the best plan for your own situation.

Delayed Surfacing of Problems

The major risk of DIY wills is that problems won’t surface until it is too late to resolve them. Your estate won’t be distributed until after your passing, so any problems with this distribution will only be apparent at that point. This will leave your loved ones to bear the burden of resolving these problems. It is important to work with an experienced professional when you are creating your will. DIY wills can lead to serious problems with your estate distribution. When you work with our experts at Stevenson, Smith, Hood, and Knudson, you can be confident that you will create the ideal will and plan to meet your needs. For more information about our will-related services, contact us at Stevenson Smith Hood Knudson today.

Life is, for better and for worse, full of the unexpected. An accident or life-altering event could render you unable to express or make medical decisions for yourself. With a well-designed health care power of attorney, you will be able to obtain peace of mind and be confident that your well-being is handled according to your wishes, even if you cannot speak for yourself. At Stevenson Smith Hood Knudson, P.C., we can help you to create a health care power of attorney that will meet all of your needs. Here are a few of the reasons why you need to plan for your health care power of attorney.

Unexpected Situations

You can be as cautious as possible, but you still cannot plan for everything that may impact your life or your ability to make your own medical decisions. Car accidents, strokes, or all kinds of unexpected situations may render you unable to speak for yourself or otherwise express what you want. This can leave your family and friends in the difficult situation of deciding what kind of treatment and care you want to receive. When you create a health care power of attorney, you will be able to ensure that your wishes are carried out in these situations and provide guidance and reassurance to your loved ones.

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What Happens without a Health Care Power of Attorney?

Without a health care power of attorney, your next of kin is the default decision maker when you aren’t in a condition to speak or decide for yourself. While this usually means a spouse or children, there are many ways this can become complicated. Family members may not all agree on the right course of action. In a blended family, your spouse and your children may disagree who should make your healthcare decisions. It may be difficult to track down your next of kin. A spouse suffering from dementia may be unable to make decisions on your behalf. The thought of being in such a condition is unsettling, and most people do not discuss their wishes with friends or family. This leaves the next of kin without a hint of what treatment you do or don’t want. Making such decisions may create anxiety and guilt for your next of kin. With a health care power of attorney, you will be better positioned to have the right decision maker and the right decisions made for your own situation.

What a Health Care Power of Attorney Does

A health care power of attorney is a legal tool that enables you to designate an agent to make medical decisions when you are unable to make these decisions for yourself. When you create a health care power of attorney, you designate a person who you trust to make sure that your wishes are honored with regard to medical care and related issues. Your agent may decide whether to continue, refuse, or withdraw medical treatment. Your agent can also ensure your wishes are honored regarding admission to a hospital or nursing facility, medical research, life-prolonging care, and organ donation. A healthcare power of attorney allows you to consider each of these serious decisions and more, and to provide guidance to your agent on how you want to be treated.

Unmarried Partners

If you have a long time partner that you haven’t legally married, they may lack legal rights in these situations. Without a health care power of attorney naming them as your agent, they may be unable to make decisions for you. Instead, your legally-determined next of kin–likely your parent, siblings, or other relatives–would have authority over your medical care. A health care power of attorney can help to prevent this from becoming a problem.

State Specific Considerations

The laws surrounding a health care power of attorney will change based on the state that you live in. It is important to work with an experienced attorney in your state to help you make the best decisions for your own specific situation.

Choosing an Agent

It is beneficial to put careful consideration into who you intend to designate as your agent. The right agent will be someone that you trust to carry out your wishes. It is also often a good idea to name additional, backup agents when you create your health care power of attorney. The distance your agent lives from you is something you may want to consider, though technology allows for instantaneous communication across the globe if necessary.Your estate plan protects your assets and ensures that your estate will go to the people or causes you have carefully selected. A health care power of attorney is a way to respect the wishes and protect the dignity of yourself. When you create a health care power of attorney, you will obtain protection when an unexpected occurrence renders you unable to make these vital decisions for yourself. Our team at Stevenson Smith Hood Knudson, P.C. is passionate about providing you with superior guidance to plan for your future. To learn more about the importance of a health care power of attorney, contact us at Stevenson Smith Hood Knudson, P.C. today!

When you have children, your entire world changes. You do everything in your power to keep them safe and to protect them from harm. Though it is hard to think about a future for your children if tragedy takes you away from them, it is important to protect them. Our team at Stevenson Smith Hood Knudson, PC can help you to create an estate plan when you have children. Here are a few of our best tips for estate planning with children.

What Happens Without an Estate Plan?

When you haven’t created an estate plan, you will be considered “intestate.” Ultimately, this means that the court will use predetermined state guidelines to dictate guardianship for your children. This can result in many unforeseen problems. For example, your relatives may fight over custody of your children, which can be incredibly unsettling for the children. In some difficult scenarios, this could result in your children ending up in a foster home or state care. By creating an estate plan, you will be able to gain control over your children’s future.

Protect Your Children

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An important part of protecting your children involves planning for the unthinkable. Though this can be an incredibly painful thing to think about, planning can provide you with peace of mind regarding unexpected circumstances. When you have children, creating an estate plan can enable you to ensure that your children will be cared for if tragedy takes you away from them.

Ensure Your Wishes Are Followed

An estate plan provides multiple benefits. For one thing, it ensures that your relatives and other loved ones are aware of your wishes. Another, it is legally enforceable. Not only does it make relatives and loved ones aware of your wishes, but it ensures that your wishes will be followed. This helps to enhance your confidence that your children will be protected in the future.

Help with Choosing a Guardian

One of the most important parts of estate planning with children involves choosing a guardian for your children. This can be incredibly difficult, especially because it requires you to think about a future for your children that doesn’t include you. There are many factors that will be important in choosing a guardian. Consider their religion, values, and parenting style and how closely these factors align with your own. It will also be important to consider their age, especially in comparison to the age of your children. Their financial situation and location will also impact their suitability as a guardian. In addition to this, you will need to ensure that they are willing to serve as a guardian for your children.

Make Inheritance Determinations

Custody and guardianship of your children aren’t the only things that you will need to plan for when you are creating an estate plan. You will also need to decide who will be in control of your children’s inheritance until they are eligible to do so. Our estate planning services will enable you to take a comprehensive approach to the future care of your children.

Avoid Probate

Probate can be a difficult process that has many drawbacks. Without an estate plan, your possessions will certainly fall into probate. This makes your estate distribution accessible to the public and can result in many expenses. It also often makes the distribution process take much longer than simply carrying out the wishes outlined in your estate plan. When you have children, this can be incredibly disruptive to their lives. By creating the ideal estate plan for your children, you will often be able to avoid probate and ensure a smooth transfer of your estate when the time comes.

Plan for Taxes

When you don’t make a plan for your estate, it is possible that substantial taxes will impact your children’s inheritance. By working with a professional to create your estate plan, you will be able to plan appropriately for these taxes and protect your assets.

Estate planning with children adds a layer of complexity. Our team at Stevenson Smith Hood Knudson, PC can help you to create the optimal estate plan to protect your children. By working with experienced professionals, you will ensure that all aspects of your estate plan are carefully considered and planned. For more information about the best ways to plan for your estate if you have children, contact us today!

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