The Risks of DIY Estate Planning in New York

📌 Introduction: A Cheap Will Today Can Cost Thousands Later

In the age of online templates and do-it-yourself legal kits, many people in Brooklyn are tempted to create their estate plans without a lawyer. While DIY estate planning may seem fast, easy, and affordable, the truth is it often leads to costly mistakes, court battles, and unintended consequences for your loved ones.

At Alatsas Law Firm, we’ve seen firsthand how DIY wills and trusts can fail New York families. In this post, we explain the hidden risks of DIY estate planning—and why working with a local attorney is the smarter, safer option.

💻 The Rise of Online Estate Planning Services

Websites like LegalZoom, Trust & Will, and Rocket Lawyer advertise estate planning documents for as little as $99. They often claim:

• “Legally binding documents in 10 minutes”
• “No lawyer needed”
• “Save thousands in legal fees”

While these platforms may seem appealing, they rarely account for the complexity of New York’s estate laws—especially if you own real estate in Brooklyn, have children from prior marriages, or want to protect assets from nursing homes.

⚠️ Common DIY Estate Planning Mistakes

Let’s break down the most frequent errors we see with DIY estate plans:

1. Using the Wrong Legal Language

New York requires specific wording to make a will valid. Common mistakes include:

• Failing to use legally required phrases
• Omitting a self-proving affidavit
• Incorrect witness signatures

🛑 If your will is not executed properly, the court may declare it invalid—as if you had no will at all.

2. Improper Witnessing

In New York, a will must be signed in front of two disinterested witnesses. They must also sign in each other's presence.

DIY kits often let people:

• Use family members as witnesses (which can void gifts)
• Not require simultaneous signing
• Skip notarization (which delays probate)

3. Forgetting to Fund a Trust

If you create a revocable living trust but don’t transfer assets into it, the trust is essentially empty. DIY platforms don’t walk you through:

• Retitling real estate into the trust
• Updating financial accounts
• Coordinating with beneficiary designations

This mistake nullifies the main benefit of a trust: avoiding probate.

🔗 Learn how to properly fund a trust »

4. Not Coordinating With Beneficiary Designations

Even a well-written will can be undone by outdated beneficiary designations on:

• IRAs and 401(k)s
• Life insurance
• Bank accounts with TOD (transfer-on-death) clauses

DIY documents often fail to address these conflicts—leading to assets passing outside the will to unintended people (like ex-spouses).

5. No Medicaid or Tax Planning

DIY platforms rarely address advanced issues like:

• New York Medicaid planning
• The five-year look-back rule
• Estate tax exposure (New York has its own estate tax with a cliff)
• Capital gains and stepped-up basis

🔗 See our Medicaid planning strategies for NY homeowners »

📍 Brooklyn Case Study: A DIY Will Gone Wrong

Jason, a Bensonhurst resident, downloaded a will template online. He left his home to his daughter, but had his brother and cousin serve as witnesses—both named in the will.

When Jason passed away, the Surrogate’s Court rejected the will because beneficiaries can’t serve as witnesses in New York. The home passed through intestacy—causing a bitter dispute and tens of thousands in legal fees.

👨‍👩‍👧 When DIY Plans Are Especially Risky

• Blended families: Stepchildren are not recognized unless named
• Minor children: Need a trust to manage inheritance and name guardians
• Disabled beneficiaries: Risk of losing public benefits
• Unmarried couples: New York does not grant automatic inheritance rights

DIY plans do not customize for these situations—and the consequences can be devastating.

🧾 Legal Consequences of a Bad Estate Plan

🔍 What Does a Lawyer Do Differently?

At Alatsas Law Firm, our estate planning process includes:

• Custom wills, trusts, powers of attorney, and proxies
• Medicaid, tax, and creditor protection
• Review of all titling and beneficiary designations
• Coordination with financial advisors or CPAs
• Ongoing plan maintenance as laws or family needs change

We offer peace of mind, not just paperwork.

💬 Real Client Story

“We tried using a free will template online. When we brought it to Teddy, he pointed out three errors that could have cost our family everything. I’m so glad we asked a professional.”
— Mark & Gianna D., Park Slope

⚠️ Red Flags: When You Should Avoid DIY Estate Planning

• You own real estate (especially in NYC)
• You have children from multiple relationships
• You want to protect assets from divorce or Medicaid
• You have more than $500,000 in total assets
• You or a beneficiary has special needs
• You have a business or rental property

📌 If any of these apply, a one-size-fits-all form won’t cut it.

📞 Don’t Gamble With Your Family’s Future

You only get one shot at your estate plan working the way you intended. Mistakes may not surface until it’s too late.

If you want to:

• Protect your home and savings
• Avoid probate and court delays
• Ensure your wishes are honored

…then don’t DIY. Let Alatsas Law Firm guide you.

📍 Serving clients throughout Brooklyn: Bay Ridge, Gravesend, Midwood, Park Slope, and more.

📞 Call (718) 233-2903 or
🔗 Schedule your estate plan review »