DIY Wills can backfire

 

Why DIY Wills Can Backfire: A Real-Life Example

Many people try to save money by drafting their own Wills or getting help from a family member. While it seems simple, these “do-it-yourself” Wills often create costly problems later. Here’s a real-world example that shows why hiring a lawyer is worth it.

The Situation:

  • Dad’s Will (drafted with help from his son) leaves his “half” of the marital home to his daughter.
  • Mom’s Will (also DIY) leaves her “half” of the same home to the daughter.
  • Dad dies first in December 2024. The family assumes mom and daughter now co-own the home.
  • Mom dies in October 2025. The family wants to probate both Wills to confirm daughter’s ownership.

The Catch: Mom and dad owned the home as tenants by the entireties, which means when dad died, his interest automatically passed to mom—not to the daughter. Dad had nothing to give away in his Will. By the time mom died, she owned the entire property, but her Will only gave “half” to the daughter. The other half? It wasn’t mentioned—and there was no residuary clause to cover leftover assets.

Result: Half the property goes to the daughter, and the other half falls into intestacy, meaning state law decides who gets it (likely both son and daughter). What the parents intended is now unclear, and the family faces extra legal steps and possible disputes.

The Lesson: DIY Wills often overlook:

  • How property ownership works (like survivorship rights).
  • The need for a residuary clause to avoid partial intestacy.
  • State-specific rules that affect inheritance.

A lawyer ensures your Will reflects your wishes, complies with the law, and prevents surprises. Saving a little now can cost a lot later—don’t risk it.

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