Why DIY Estate Plans Often Fail

DIY estate plans can lead to costly legal messes. Here’s why California families should think twice before skipping the lawyer.

Thinking of setting up your estate plan without a lawyer? You’re not alone—and you’re not the first to regret it. While a “do-it-yourself” estate plan might seem like a way to save time and money, the truth is, it can lead to some serious—and costly—problems down the line.

Let’s talk about why going the DIY route is often a recipe for disaster—and how to avoid common pitfalls that could leave your family in a mess.

What’s in a Complete Estate Plan?

An estate plan is more than just a will or a trust. It’s a full set of legal documents that outline:

• Who inherits your assets

• Who makes medical and financial decisions if you can’t

• What happens to your body after death

• Who takes care of your kids (if applicable)

In California, a typical estate plan includes:

• A revocable living trust

• A last will and testament

• A financial power of attorney

• An advance healthcare directive

• A HIPAA release

• Guardianship nominations (for parents of minors)

• Final disposition instructions (burial, cremation, etc.)

  
  

Handwriting Your Will? Read This First

Yes, in California, you can handwrite your will. But should you? Absolutely not.

Handwritten wills (also called holographic wills) don’t require witnesses, but they’re highly prone to legal challenges—especially if there’s any question about your mental capacity, handwriting authenticity, or outside influence. The story of Aretha Franklin’s multiple handwritten wills—one found stuffed in a couch cushion—serves as a cautionary tale. Her estate ended up in court for years.

The same risks apply to DIY trusts. These are complex legal documents, and if they’re not written and funded correctly, they can be as good as useless.

LegalZoom and Online Templates: Buyer Beware

Online platforms like LegalZoom offer cheap estate planning documents—but there’s a catch. These services don’t offer legal advice. That means:

• No attorney-client privilege

• No malpractice protection

• No legal oversight

And perhaps most importantly, no guarantee that the documents were executed properly.

The most common problem Michael Pevney sees? Wills and trusts that aren’t signed correctly. In California, wills must be signed in front of two non-beneficiary witnesses. If not, they may be thrown out—and your estate could end up in probate, with a judge deciding who gets what.

Trusts Need More Than Paperwork

Even if you manage to create a revocable living trust on your own, you’re not done. A trust must be properly funded to work.

What does that mean?

• Real estate must be retitled into the name of the trust

• Bank accounts should be re-titled or have the trust as a beneficiary

• Investment and retirement accounts may need updated beneficiary designations

If your trust isn’t funded, it’s powerless. For California homeowners, that’s a massive problem—especially in Orange County, where median home values easily top $1 million. If your house isn’t in the trust, your family may face probate costs of $46,000 or more.

You Don’t Know What You Don’t Know

Estate planning isn’t just paperwork—it’s about strategy. For example:

• Who should act as your trustee or executor? Are they financially responsible? In good health? Willing to serve?

• What if your chosen trustee can’t serve—who’s the backup?

• How do you ensure your beneficiaries can appoint a new trustee if needed—without involving the court?

These are the kinds of nuances a DIY plan simply won’t catch. And they’re the exact reasons many self-made plans land in probate anyway.

Bottom Line: DIY = Delay, Dispute, Disaster

You wouldn’t install your own electrical wiring without training—so why gamble with something as vital as your family’s future?

A proper estate plan gives your loved ones:

• Peace of mind

• Protection from long court battles

• Privacy from the public probate system

• Control over your legacy

And best of all, it makes sure your wishes are honored the first time—without second-guessing, second opinions, or second rounds in court.

Ready to Start Your Estate Plan?

Book a free, no‑obligation strategy session today https://calendly.com/mpevney/strategysession