The internet has given us many opportunities to make our lives easier by providing us with easy access to a variety of products and services that without an online connection might require more effort on our part to acquire. One such product now offered online is an estate plan.

There are several companies out there offering to create your estate plan in no time at all just by filling out some forms and answering a few questions.

The question then is this: should you use one of these online legal service providers for your estate plan? While they are usually a cheap option and can also be relatively simple to use, for many people the prospect of creating such an important document requires more consideration than just checking off some boxes on an online form.

Before you decide to create your estate plan online, read on below to gain a better understanding of what goes in a properly prepared estate plan, the important questions that one needs to consider in crafting it, and the pitfalls of using an online service to create it.

A Proper Estate Plan Is More Than a Last Will

In addition to its Halachic requirements, a thorough estate plan will have three elements: a last will and testament, a durable power of attorney for finances, and an advance directive for healthcare. Let’s take a quick look at the purpose of each of these elements of an estate plan:

Last Will and Testament. This is where you will designate how your assets will be distributed, name guardians for minor children, and assign trustees for any future trusts that might be created.

Durable Power of Attorney for Finances. Here you will authorize someone to manage your financial affairs in the event you are unable to do so yourself.

Advance Directive for Healthcare. This is where you will name someone to speak with doctors on your behalf and lay out any requirements when it comes to your medical treatment, including those related to Halacha.

So What Do I Need to Consider For My Estate Plan?

Now that we’ve outlined what documents are needed to create a proper estate plan, it begs the question: what does one need to know about how these documents operate and what language needs to be included within them? It’s impossible to cover all the scenarios that one might encounter when creating an estate plan, as each family’s situation is unique, so we’ll focus on a few important items.

Distributing Your Assets

Inheritance and Halacha. As we have discussed previously in other articles, Halachic requirements for one’s estate do not always align with the desires of the testator, or creator of a will. When you work with an attorney experienced in dealing with these matters, they will guide you through creating an estate plan that carries out your wishes while still fulfilling the requirements of Jewish law. Online templates will struggle to offer this level of nuance and service to their customers.

Giving Assets to Children. What happens if, God forbid, a child predeceases a parent? Would their inheritance go to their descendants or the other siblings? What if those descendants are still very young? All of these are serious questions that need to be contemplated when creating one’s will. When you use an online form you will be left trying to navigate these issues on your own, without the guidance of an experienced attorney who will make sure that your assets go exactly where you want them to, whatever the situation may be.

Preparing for Medical Emergencies

Handling Your Finances While Incapacitated. One important question to ask yourself when creating an estate plan is who will be responsible for managing my finances if I am ever in the hospital and unable to do so myself? This question is deceptively simple, as one might want to choose a spouse or child and give it no more thought. But there are other questions to ask before you make this decision, such as:

What if my chosen agent is unavailable when I need them?

When does my power of attorney go into effect?

Does it expire?

What powers does it give to my agent?

Can I limit those powers?

These are just a few of the questions that may come to mind as you create this important and powerful document. A good attorney will be able to answer all of these and craft your POA so that it gives whoever you want exactly the amount of power you desire when it comes to handling your finances.

Making Medical Treatment Decisions. Once again the choice of who will make medical treatment decisions for you in the event you are incapacitated can be a deceptively simple one. While it may be easy to choose one’s spouse or child, there are several questions you should consider in making this decision, such as:

What happens if this person is unavailable when I need them?

What happens if my family disagrees about how to proceed with a certain treatment?

What if my chosen representative is unsure of whether a specific treatment might be prohibited by Halacha?

One’s healthcare is a very personal matter, and the documents created to empower and guide your family to make medical treatment decisions on your behalf should reflect this level of specificity. In addition, it’s vital to make sure that your healthcare documents include instructions for the healthcare facility on how to follow Halacha when it comes to your post-mortem care.

The Pitfalls of Using an Online Legal Service

As you can see, creating an estate plan is a very personal experience that requires careful consideration of a number of factors in order to create a plan that most adequately aligns with your wishes. Questions will arise throughout the process, and when they do you’re going to want to have someone knowledgeable available to answer them and adjust the elements of your estate plan accordingly.

When you work with an online legal template service that is going to be tough to come by. If you look closely, you’ll find that online legal service providers almost always carry a disclaimer in the fine print of their terms and conditions stating that they do not guarantee the results of their product, and that they are, in fact, exactly what you think they are, merely forms to be filled out with no guarantee of result.

Is this sufficient? Are you willing to risk your legacy and your health in the hope that you’ve filled these forms out correctly? The answer can have very real consequences.

For example, in one real life instance of using an online legal service, a father was estranged from his son and wanted to leave him no money in his estate. He used an online legal service but forgot about a small portion of stocks he had purchased a long time ago. These stocks ended up being worth more than $1.5 million but weren’t included in the estate plan since the software didn’t suggest something known as a residuary clause. This clause is intended to be a catchall for any assets not already designated for distribution within the will. As a result, the disinherited son received almost $400,000 and spent it in less than a year.

While this example may be extreme, it illustrates an important point: estate planning is about protecting your health and your legacy and it should be given time and consideration reflective of such a serious matter.

How Can I Start My Estate Plan Now?

Don’t let a computer generated last will and testament complicate or ruin your estate plan. Contact Rosenblum Law for a free consultation today. Our skilled attorneys can assist you in creating custom legal documents that are based upon your specific wishes for a reasonable flat fee. Schedule a free consult: www.rosenblumlaw.com/halacha.

Adam is the founding attorney of Rosenblum Law, a general law practice with offices in Albany, New York and Bloomfield, New Jersey.