LegalZoom markets itself as a cheaper alternative to hiring an attorney. As a result, many individuals choose LegalZoom over professional legal services, believing that its documents will be just as effective as those created by an experienced estate planning attorney. In this article, I will explain the potential dangers of using DIY estate planning solutions and explain why hiring an attorney will ensure that your estate plan is tailored to your needs.
When I started my estate planning practice in 2010, I visited LegalZoom’s website.
At first glance, LegalZoom’s website appeared to provide state-specific advice for Texas wills. And had I not been a Texas Estate Planning Lawyer, I might have trusted that the site was providing me with accurate and current information.
However, a few moments after I started reading LegalZoom’s website copy, I noticed a couple of glaring mistakes.
Estate Planning Laws Change
Laws are not static. —they evolve due to new legislation and court rulings. Attorneys continuously update their knowledge to ensure compliance with the latest legal requirements. LegalZoom? Not so much.
The first mistake I noticed was LegalZoom’s incorrect assertion that Texas recognizes oral wills. This is false.
- Fact: Effective September 1, 2007, Texas repealed Sections 64 and 65 of the Probate Code, which previously allowed oral wills.
- Exception: An oral will is only valid in Texas if it was made before September 1, 2007, and even then, only in very limited circumstances
Another mistake I noticed was under the subheading “Providing for Pets.” LegalZoom stated the following:
LegalZoom was apparently also not aware that:
- Texas enacted Section 112.037 of the Property Code on January 1, 2006, authorizing statutory pet trusts.
- Even before this law, pet owners could establish a traditional trust to provide for their pets.
- A properly drafted trust ensures that funds are allocated for a pet’s care while allowing oversight to prevent misuse.
This means that even though four years had passed since the statute was enacted, LegalZoom was still not aware of this change in the law.
Furthermore, even before statutory pet trusts were authorized, it was still possible for a pet owner to create a traditional trust to provide for a pet. A traditional trust provides for pet care indirectly by instructing a trustee to cover expenses incurred by the pet’s caretaker, the actual beneficiary of a trust, as long as the pet is cared for properly. Nowhere does LegalZoom mention this.
Details Matter in Estate Planning
Now you may be thinking that I am blowing these little mistakes a bit out of proportion. After all, one of them concerned pets. And no one uses LegalZoom to make an oral will, so that is a harmless error.
But if LegalZoom is not current on laws about these two issues, what else has it missed? How can anyone who uses LegalZoom trust that the legal document he or she creates will do what it is supposed to do?
LegalZoom Does Not Provide Legal Advice
Even LegalZoom acknowledges its limitations. According to its own disclaimer:
- LegalZoom employees are not acting as your attorneys.
- LegalZoom’s legal document service is not a substitute for the advice of an attorney.
- LegalZoom does not review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.
- The legal information on LegalZoom’s website is not guaranteed to be correct, complete or up-to-date.
The Risks of Do-It-Yourself Estate Planning
People who use LegalZoom and other do-it-yourself estate planning kits end up with a false sense of security. They create documents that they believe will address their estate planning needs. But with estate planning documents, they are unlikely to discover their mistakes.
Why? Because the mistakes will not become evident until after they become incapacitated or die. And the people who will be left to deal with the mistakes are usually the people the documents were supposed to protect.
You and your loved-ones deserve the advice of a lawyer who considers the facts of your particular situation. You deserve legal advice that is correct, complete and up-to-date. LegalZoom by its own admission does not provide that.
Why Hiring an Attorney is Worth It
The money you save now by using LegalZoom and other DIY estate planning services could end up costing significantly more in the future if your estate plan is incorrect or incomplete. Attorneys provide:
- Personalized legal advice tailored to your specific circumstances.
- Up-to-date knowledge of current estate planning laws.
- Comprehensive estate planning strategies to ensure your assets are distributed according to your wishes.
The bottom line
The money you save now could be spent many times over after you die to address legal issues about which you were not even aware. Attorneys don’t simply fill in forms. Rather, we use the knowledge we have acquired during our many years of schooling and practice to advise you on the best way to protect your family, and preserve and distribute your assets in the manner you choose.
Your loved-ones are worth it. Wouldn’t you agree?
Get Professional Help Today
Don’t take risks with your family’s future. If you want to ensure your estate plan is legally sound, up-to-date, and tailored to your specific needs, consult with an experienced Texas estate planning attorney. Contact me today to discuss your estate planning goals and protect what matters most.
This article was originally published on January 27, 2010 and updated on February 4, 2025.
