Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Home » Don’t DIY Your Estate Plan in California
Writing your own estate plan may seem like a smart and affordable decision. Online services and pre-made trust templates promise simplicity and control. In practice, these plans often create confusion, conflict, and expensive legal problems after someone passes away.
In my work as a California estate planning attorney, I regularly meet families dealing with the fallout of a do it yourself estate plan. The documents exist, but they do not work. The intentions are clear, but the execution fails. The result is uncertainty, probate court involvement, and family disputes that could have been avoided.
Estate planning is not just about documents. It is about making sure your wishes are legally enforceable and easy for your loved ones to carry out.
Recently, 6 siblings came into my office after their mother passed away. She had created her own trust years earlier using a do it yourself service. It was clear the trust was drafted without legal guidance.
The trust said her assets should be divided among her children. However, one child was living in the family home, which was the primary asset. The trust did not clearly explain how that situation should be handled.
The trust named successor trustees, but the instructions were vague. The mother planned to use a life insurance policy to pay off the mortgage on the home. The premiums had not been paid, so there was no life insurance payout. The trust was not named as the beneficiary.
The situation became far worse because the mother attempted to amend her trust 3 times by hand.
Some amendments were dated. Others listed only a year. One had a printed name. Others had signatures. None were notarized. None were witnessed.
One document included the phrase “as God is my witness.”
That phrase may reflect sincerity, but it has no legal authority in California courts.
In California, a trust technically does not have to be notarized or witnessed to be valid. In real world practice, notarization and proper execution are essential.
Banks will not transfer accounts without notarized documents. County recorders will not accept deeds without proper acknowledgment. Financial institutions routinely reject unclear or improperly amended trusts. California Probate Code Trust Creation
Because of the handwritten amendments, it was unclear:
Resolving these issues would likely require court involvement, medical records, and expert testimony.
The mother wanted to avoid probate. Ironically, the poor drafting made probate more likely.
Probate in California commonly takes 12 to 24 months and fees are based on the gross value of the estate.
Read More: Why Californians still end up in probate
For an average Orange County home, probate fees can exceed $50,000. Contested estates often cost significantly more.
Altering your estate plan without legal guidance is often more dangerous than drafting it yourself.
Handwritten changes raise questions about:
If a judge must decide which document controls, the estate is already at risk. California Trust Contests
When beneficiaries are removed or favored differently across versions, litigation becomes likely.
Unclear estate documents invite disputes. In this case, some siblings were beneficiaries in one version but not in another. Each had potential legal standing.
Multiple lawyers may become involved. Emotions escalate. Costs increase. The family relationship often suffers permanent damage.
My practice focuses on preventing these situations, not fixing them after the fact.
Online platforms cannot analyze family dynamics. They cannot ask detailed follow up questions. They cannot ensure assets are properly funded into a trust. DIY estate plans in Orange County
Estate planning is not a form filling exercise. It requires strategy, foresight, and legal precision.
A complete estate plan typically includes:
Each document supports the others. Removing or improperly changing one can undermine the entire plan.
A qualified estate planning attorney ensures:
Changes can be made safely through formal amendments or restatements while you are alive and competent.
DIY estate planning appears inexpensive upfront. Probate and litigation costs later are not.
Fixing a broken plan often costs far more than doing it correctly from the beginning.
Read more:
Estate planning cost in California
You can, but it often leads to probate or court disputes.
They are frequently challenged and create legal risk.
While not legally required, notarization is critical in practice.
Yes. Revocable living trusts can be amended properly.
A court may need to decide, causing delays and costs.
Estate planning is not the place to experiment. The goal is certainty, clarity, and protection for your loved ones.
A poorly drafted or self modified estate plan often creates the very problems it was meant to avoid. A properly prepared plan prevents conflict and preserves family relationships.
If you want your wishes honored and your family protected, do not DIY your estate plan.
Schedule your free 30-minute Strategy Session today or call (949) 377-2996 with Michael Pevney, your trusted Orange County estate planning attorney.
SECURE YOUR LEGACY
With over 18 years of legal experience in Orange County, Michael Pevney focuses on estate planning to help families protect assets, avoid probate, and secure their legacy with confidence.
