Do I Need a Lawyer to Make a Will?

For generations, making a will meant an office, a retainer, and a few weeks of back and forth. It's natural to assume a lawyer is a requirement.

For a straightforward estate, you'd mostly be paying attorney rates for a process software now handles well. But some situations genuinely do need counsel, and pretending otherwise would be bad advice.

When you need a lawyer, and when you don't

For most straightforward situations, you don't need to hire a lawyer. Inhira's documents are drafted to your state's law and reviewed by a licensed attorney, with your state's signing rules built into the process. But if your estate is complex, think business ownership, a blended family with competing interests, a special needs beneficiary who relies on government benefits, or property in multiple states, talk to an attorney. Inhira is not a law firm and doesn't provide legal advice, so when a question needs a lawyer, we say so instead of guessing.

Straightforward Estates and DIY Options

For the majority of people, creating a will is about ensuring loved ones are protected with clear instructions. If you have a straightforward estate, such as owning a single home and having a bank account, without complications like multiple marriages or business holdings, creating a legallly valid will online can be a simple process. Online platforms like Inhira offer tools that guide you through drafting a will that meets your state’s legal requirements. This option typically saves time and money without sacrificing accuracy.

Understanding Complex Estates

While many people find their estate straightforward, some situations inherently demand legal expertise. Consider a scenario where you own a $420,000 home in Texas, have two children from a previous marriage, and own a small business. These added layers—such as business succession planning and ensuring fair distribution among children from different marriages—introduce complexities that may benefit from a lawyer’s oversight. A lawyer's experience can help navigate these tricky waters and provide peace of mind.

Costs of Hiring a Lawyer vs. Using Online Tools

Hiring an attorney to draft your will or manage a complex estate plan can cost anywhere from $1,500 to $3,000 or more, depending on your location and the intricacies involved. For example, the higher end might include trusts or intricate instructions about your business. In contrast, basic will creation through an online platform could be free, significantly reducing the financial burden of estate planning, especially when your estate is simple and your needs straightforward.

Hybrid Approaches: When Both Are Useful

Sometimes, a hybrid approach is beneficial. You can start with an online platform like Inhira to craft a basic will and identify potential complications. If you encounter complex legal questions or unexpected scenarios, enlisting a lawyer for specialized advice can ensure comprehensive coverage. This method allows you to take advantage of both the efficiency and affordability of online tools and the expertise of professional legal counsel when needed.

Common questions

Q: When should I consider hiring a lawyer for my estate? A: Consider an attorney if your estate involves a business, a blended family, special needs dependents, or property in multiple states.

Q: How does an online will platform work? A: It guides you through creating a legally valid will with state-specific templates and offers online notarization where your state allows.

Q: Is it more affordable to make a will online? A: Yes, for straightforward estates, online platforms are often far more affordable than hiring an attorney, which can cost $1,500 to $3,000.

Q: What if I start online and need legal advice later? A: You can begin with an online will and consult a lawyer later for complex issues, benefiting from the affordability of online tools and legal expertise if necessary.

Weighing it against the cost? Read How Much Does a Will or Trust Cost?.