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Dec 11, 2007 -- When is a lawyer really necessary?

There's a lot of debate about when to go to a lawyer. The truth is that in some situations they're necessary, and in others they're not. Take the situation of making a will. Most people don't have a will or they have one that's grossly outdated. The danger in those situations is that the state may decide who gets your money, or your kids could end up with that relative who is your worst nightmare when you die. People are usually reluctant to do a will because they're either afraid of death, afraid of lawyers or both! One simple way to do a will is with NOLO.com. This legal self-help service features the highly respected WillMaker software. This may be a good option if you have simple family arrangements and aren't filthy rich. WillMaker asks you questions and then pops back answers as you make your will. If you get confused, stop and see a lawyer. Or proceed with WillMaker and then pay a lawyer to review the will you create. But you definitely want to hire a lawyer if you have family members who will squabble over money, or if you have any kind of complicated family arrangements. Ditto with divorces. In some states, you can obtain a divorce yourself by using a kiosk at a courthouse. This may be a wise choice if there are no assets to fight about and there are few debts. Just be sure to hire a lawyer if there are custody or financial issues.

Lawyers get angry at Clark whenever he talks about this topic. The Texas Bar Association actually got the state legislature to make it a crime for Texans to purchase a NOLO book. NOLO got so much publicity in the process that their sales skyrocketed elsewhere. On the other end of the spectrum, Arizona is one state that's very progressive and where you don't always need a lawyer. Likewise, paralegals in California will prepare documents for you to file at a courthouse. Just for the record, Clark is not anti-lawyer. You just have to be Clark Smart about when you really need one.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • Please get a lawyer
    My husband and I got an estate package (will, trust, POAs and Living will) from a lawyer. With a decent amount of insurance money and children, we felt more comfortable doing it with a lawyer.
  • You need a lawyer only if .....
    I am estate planning attorney with 25+ years of experience and a member of www.ACTEC.org. I have dealt with so many estates where someone was cheap and tried to make their own will or tried to make revisions without getting legal assistance, and each time, they leave a mess for their loved ones. I tried will-making programs for myself just to see what was produced --- and in my expert opinion, I would NEVER want my family to be subject to the kind of will-document created by the programs I have tried. Please, for the benefit of your family, get legal advice from a qualified attorney. You only need a lawyer if you want it done correctly.
  • online wills
    Has Clark looked at LegacyWriter.com? We used it for our first wills before we were married and are now using it to write one to add guardian provisions for our children.
  • Wills and Lawyers
    I recently had an experience where a loved used a Will over the internet and not a lawyer. That person passed away and the estate is a mess. I believe everyone needs to have a lawyer prepared a Will structured by the probate laws of the state in which they live. There are so many loop holes and language that the layman does not understand and that causes heartache for the ones left behind. The Will that was prepared on line did not appoint a guardian for the minor children and the dad had already died serving his country in Iraq, so the children were sent to foster homes and split up. There were no other family members to take the children. If she would have gone to a lawyer this could have been explained to her and the minor children would still be together.
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