Oftentimes people will attempt to save money by not consulting with an attorney when executing their will, choosing instead to use a pre-printed form or online program. Attorneys spend countless hours learning the ins and outs of the legal system, and they are there to benefit you. A recent case provides a stark example of the pitfalls of doing this yourself. A justice who heard the case called it “a cautionary tale of the potential dangers of . . . drafting a will without legal assistance.” Aldrich v. Basile (Fla., No. SC11-2147, March 27, 2014)
Ms. Aldrich used an “E-Z Legal Form”, where she listed several possessions and bank accounts that she intended pass to her sister upon her death, unless her sister died before her, then they were to go to her brother. Perhaps prophesizing the future, her sister did indeed pass before her. You wouldn’t think this would be a problem right, but in fact that is what she tried to account for. Wrong! The problem is that Ms. Adlrich inherited additional money and property from her sister, when her sister passed away. Ms. Adlrich’s will did not contain what is called a residuary clause in her original will, and she never took the time to properly add a codicil (amendment to a will).
After Ms. Aldrich died, the court through the probate process had to decide who would inherit the property Ms. Aldrich received after she wrote her will. The brother, predictably argued that he should receive the property, but the nieces maintained that the property should pass through intestacy, which is the state law for those who do not have a will, or a valid disposition of their property at the time of their death.
A lengthy legal battle ensued of which, I am sure was very expensive, and the courts decided that because there was no residuary clause in the will, the property would have to pass through the laws of intestacy, which contradicts the intent of Ms. Aldrich’s will.
This happens all too often. Do not use online legal documents, they may sound nice and helpful, but they do not replace the expertise of a licensed attorney! If you have any questions about the validity of your will and what you want to happen when you pass away, please do not hesitate to call Postillion law at 904-615-6621, or Email Chris@Postillionlaw.com. As always, do not hesitate to ask questions, that is what we are here for!