What DIY Estate Planning is, how it actually works, and potential risks

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What DIY Estate Planning is, how it actually works, and potential risks

DIY estate planning might sound like a great idea. It seems affordable, quick, and gives you a sense of control. You find a template online, fill in some blanks, sign it, and check it off your to-do list. But when that plan needs to work—when your loved ones are relying on it the most—that’s when the cracks show. And unfortunately, that’s also when it’s too late to fix them.

Most DIY estate plans don’t fail because someone didn’t care. They fail because estate planning isn’t just about filling out forms. It’s about understanding how legal systems work, how documents interact, and what happens when the unexpected occurs. That $99 will might feel sufficient, but it could cost your family thousands in court fees, months of delay, and irreversible mistakes.

Wills Don’t Avoid Probate

One of the most common misconceptions is that a will helps you avoid probate. In reality, a will almost always goes through probate. That means your family will still deal with court proceedings, legal fees, and delays before they can access your assets. In Colorado, probate can take months—or even over a year—and it’s all public. If privacy and simplicity are your goals, a DIY will won’t get you there.

We explain this process in more detail in our guide to Trust & Estate Administration.

The Problem with One-Size-Fits-All Forms

Estate planning is also highly state-specific. Something that’s valid in California may not be legal in Colorado. DIY platforms don’t know your local laws, your family dynamic, or your financial situation. They won’t tell you if you forgot to notarize something or missed a witness signature—both of which can invalidate a document. And they certainly won’t call you when state legislation changes.

For a deeper understanding, the American Bar Association explains why legal advice matters in planning your estate.

Beneficiary Mistakes That Can Undo Everything

Another serious risk is beneficiary designation conflicts. You could have a will that says your house goes to your daughter, but your retirement account still lists your ex-spouse as the beneficiary. Guess who gets it? The designation on file, not what’s in the will. These types of oversights are incredibly common with DIY plans, and they create real-life financial and emotional disasters.

As part of our Estate Planning Services, we review your beneficiary forms to ensure everything aligns across your plan.

Trusts That Don’t Work

Let’s talk about trusts. Many people create living trusts because they’ve heard it helps avoid probate. That’s true—but only if it’s done correctly. If you create a trust and don’t fund it (meaning, you don’t transfer your assets into it), it does absolutely nothing. An unfunded trust is a fancy stack of paper that won’t protect your home, your accounts, or your family from court.

DIY services don’t walk you through the process of properly funding your trust. 

Planning for Incapacity

Most people think estate planning is about what happens when you die. But what if you’re alive and unable to make decisions due to a stroke or accident? Without durable powers of attorney, HIPAA authorizations, and healthcare proxies, your loved ones could have to go to court just to help you. DIY platforms typically skip this entirely.

We ensure your plan protects you during life—not just after—through custom health care directives and powers of attorney.

Life Changes = Plan Changes

A solid estate plan evolves with your life. You buy a home, have a child, start a business, get divorced—each of these moments impacts your plan. DIY documents are often static. They don’t adjust, and they don’t come with regular check-ins.

At Legacy Law Group, we offer ongoing support—not just a one-time download—so your plan stays current with your life.

If You Have Minor Children, DIY Is Not Enough

If you have children, your plan needs to do more than name a guardian. You need legal documents that ensure your kids go to the right people without delay. You also need backup plans, emergency caregiver instructions, and tools that work in a real-world crisis.

That’s why we created our Kids Protection Plan, specifically designed for families with minor children.

Estate Planning Is Emotional—And That’s Okay

Estate planning is emotional. It forces you to consider what happens if you’re gone or incapacitated. Who will raise your kids? Who will manage your finances? These aren’t easy questions. But they are essential. Our job isn’t just to draft paperwork—it’s to walk you through the process with clarity and compassion.

We’ve Reviewed Hundreds of DIY Plans—And They Rarely Work

At Legacy Law Group, we’ve reviewed hundreds of DIY estate plans. Nearly every single one had serious problems: outdated information, inconsistent language, improperly executed documents, or missing elements.

And we’ve seen what that means for families. It means confusion. Court battles. Delayed access to money. Damaged relationships.

Estate Planning Is an Investment—In Peace of Mind

Hiring an experienced estate planning attorney is an investment that protects your family from stress, uncertainty, and financial loss. You’re not just paying for documents—you’re paying for guidance, legal protection, and peace of mind.

We don’t hand you a generic form and send you on your way. We meet with you, listen, and build a customized plan that may include a will, a trust, durable powers of attorney, healthcare directives, and guardianship provisions.

And we stay in touch. When life changes, we update your plan. You don’t have to start over. You don’t have to worry. That’s the difference between a transaction and a relationship.

Already Have a DIY Plan?

Bring it in. We’ll review it. If it’s solid, we’ll tell you. If it’s risky, we’ll show you how to fix it. No judgment—just support. And if you’re starting from scratch, we’ll guide you every step of the way.

Let us help you plan with intention, clarity, and care.

Don’t Leave It to Chance

You don’t have to be wealthy to need an estate plan. You just have to care about what happens to your loved ones, your assets, and your intentions.

  • Protect what matters most.
  • Avoid avoidable mistakes.
  • Get support you can trust.

Schedule your free consultation today. Let’s plan it right—together.

🎥 Want to See Real Examples?

Still wondering how these issues show up in real life?

Watch our video here to learn more about why DIY estate planning often fails—and how to do it the right way.

You'll hear real examples, get practical tips, and see how a well-structured plan can save your family time, money, and stress.

Practice areas

Legal Services

Every family needs a plan—but the right plan depends on your life, your values, and your legacy. That’s why we custom-design every estate plan we create. Our estate planning services in Denver include:

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