There is No Such Thing as a Simple Will

Plan Today to Care for Those you Love Tomorrow

I have seen plenty of DIY wills over the course of my career as a probate attorney. Oftentimes they work just fine, but sometimes they have disastrous consequences. As someone who's seen the fallout firsthand, I can tell you there's rarely anything straightforward about preparing for death, incapacity, or legacy. Even the most basic-seeming documents demand a deep dive into complex probate laws, family dynamics, beneficiary designations, guardianship issues, real estate holdings, and potential creditor risks. It's time we retire the word "simple" from our vocabulary when describing a Last Will and Testament—because there's nothing simple about it.

The Problem with Calling It "Simple"

Let's start with the basics: a properly crafted will isn't just a fill-in-the-blank form. It's the cornerstone of an estate plan tailored to an individual's unique life circumstances. Yet, when we label it as "simple," we create a dangerous illusion. Non-lawyers hear that and think, "Hey, I can handle this myself with an online app." The result? Half-baked documents that lead to confusion, disputes, and heartbreak down the line.

I've witnessed this play out too many times. After the testator (that's the person who made the will) passes away, estate administration lawyers like me are left explaining to grieving families what that "simple" will actually means—and it's often not what anyone expected.

Every Family Is Unique—And That's the Point

Here's the heart of the issue: no two families are alike. We all have different assets, different relationships, and different challenges. Consider this:

• Diverse Assets and Needs: Your estate might include real estate in multiple states, retirement accounts with specific beneficiary rules, or business interests that need careful handling to avoid taxes or disputes.

  
  

• Probate: If gaps exist in your estate plan, North Carolina’s probate code will address them, often in ways that conflict with your intentions. Without meticulous planning, assets may undergo costly and protracted court oversight during probate, hindering timely distribution to beneficiaries. Moreover, failing to understand probate laws can lead to errors that result in incorrect or unintended asset distributions, underscoring the need for a comprehensive plan crafted with professional guidance.

  
  

• Real Estate: Special consideration is also needed when planning how real estate passes to beneficiaries through a will, as it significantly impacts probate and asset distribution. Real estate is generally not subject to probate unless needed to settle debts, but improper planning can lead to delays, disputes, or unintended tax consequences. An estate planning attorney can guide you on whether to devise property directly to beneficiaries, such as your children, ensuring they inherit it outright, or to the executor to manage and distribute according to your wishes.

  
  

• Minor Children: Planning for minor children's care involves more than just naming a guardian; it requires thoughtful decisions to ensure their well-being and financial security. Minors cannot directly inherit assets, so specifying how their inheritance is managed prevents court oversight and ensures funds are distributed responsibly, whether for immediate needs like education or phased payouts to avoid mismanagement. An estate planning attorney can tailor these provisions, balancing protection and flexibility, to secure your children’s future and honor your intentions.

  
  

• Special Circumstances: Many families include children or grandchildren with disabilities who require ongoing support. Others deal with spendthrift heirs who might blow through an inheritance, or loved ones battling addiction issues that could turn a windfall into a tragedy.

The Safer Path: Professional Guidance Over Simplicity

Ultimately, the danger of the "simple will" label is that it discourages thorough planning, potentially leaving your estate vulnerable to misinterpretation, legal complications, and family rifts. Estate planning isn't one-size-fits-all; what seems simple today could unravel tomorrow.

Instead of relying on quick fixes, consult an experienced estate planning attorney to create a customized plan that might include wills, trusts, powers of attorney, and more. Remember the old adage that ‘you get what you pay for.” Hiring a competent estate attorney to create your estate plan ensures your wishes are honored, minimizes taxes and probate, and provides true peace of mind. Remember, investing in proper planning now can save your heirs from headaches later—because in estate matters, simplicity is often an illusion.