When people think about creating an estate plan, they may think it just involves getting a set of forms that convey their wishes regarding their finances, health, and what will happen to their stuff when they die. Although the documents that comprise an estate plan may seem like simple forms, these critical estate planning tools are the legally binding way for clients to manage their affairs during their incapacity (when they cannot manage their affairs) or their death. Relying on nonlawyers to help with estate planning forms or provide legal advice can pose significant risks. Many professions should not provide legal advice, but it is not uncommon for some to cross into legal territory when they have related fields of expertise. Individuals in these professions must recognize the boundaries of their expertise and refer clients to qualified legal professionals when estate planning advice is needed. Additionally, consumers should be aware of these limitations and seek legal help.

Reasons to Be Cautious and Contact an Estate Planning Attorney

Many different types of professionals play essential roles in the estate planning process. However, some aspects of the process should be handled only by lawyers. Nonlawyer professionals do not have the same legal training and expertise that a licensed and experienced estate planning attorney has. Estate planning requires understanding complex legal issues, including tax implications, property rights, and family law considerations. Relying on individuals who do not have the right qualifications may result in oversights or incorrect applications of law. 

Other professionals can provide crucial information about your finances, insurance policies, property, and other relevant issues contributing to a comprehensive estate plan. They can also offer expert advice regarding investment strategies, financial products that enhance your estate plan, and significant tax consequences. 

Nonlawyers often provide generic estate planning solutions that are merely templates and do not address your specific needs and circumstances. Estate planning is highly individualized, and a one-size-fits-all approach may not adequately protect your money and property or meet your goals. Attorneys know which questions to ask to prevent or navigate specific legal problems and provide alternative strategies.

Estate planning laws and probate procedures also vary significantly from one jurisdiction to another. Nonlawyers may not be well-versed in your state's specific laws, leading to incomplete or inappropriate legal documents that may not be legally valid or effective. Between improperly drafted documents and outdated documents that must be updated as your circumstances change, you are sure to be disappointed when you need your estate plan to work.

In addition, communication with attorneys is protected by attorney-client privilege, which ensures confidentiality. Most nonlawyers cannot offer the same level of privacy, potentially jeopardizing sensitive information and creating legal risks. 

Crafting the right plan for your unique situation requires working with a professional. If you have questions about estate planning or are ready to start, call us.

Contact Hartmann Law Today

If you have questions about estate planning, contact our office to speak to an estate planning attorney.

Take steps to start planning your Life and Legacy today!  Take action to ensure your voice is heard when you are unable to speak for yourself.  Decide to protect yourself, your loved ones, your business, your property. 

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