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Why Choose an Arizona Estate Planning Lawyer Over a Paralegal or Document Preparer

by | Nov 7, 2024 | Alleviate Worry, Arizona Estate Planning, Arizona Estate Planning Attorneys

Top 5 Reasons Why You Should Use an Arizona Lawyer for Estate Planning Instead of a Paralegal or Document Preparer

There are many reasons why working with an Arizona attorney for estate planning provides you and your family with more security, expertise, and personalized guidance than a document preparer or paralegal.

#1: Don’t Trust Your Life Savings to Someone Who Cannot Give You Legal Advice

Many of us are proud do-it-yourselfers (the author included) so it is understandable that Arizona residents think they can turn to paralegals or document preparers for their estate plans.  Using a DIY estate plan is certainly more affordable at the outset, and the promise of a quick, easy process, can be appealing.  But when it comes to something as critical as passing down your entire life savings securely and accurately, this is not a time to do it yourself. Using an Arizona estate planning lawyer offers unmatched expertise and peace of mind. Your estate plan does not just consist of documents — a living trust, will, and powers of attorney — it is a plan that is thoughtfully prepared and considers all the intricacies of where you have assets and how you will pass them to your loved ones in the most strategic, methodical, and tax advantaged way possible. Doing this requires the knowledge and expertise of an Arizona estate planning lawyer.

Did you know that document preparers and paralegals are NOT ALLOWED to provide legal advice? 

This article is for the do-it-yourselfer.  We would like to help you better understand why hiring an experienced Arizona Estate Planning lawyer is the best choice for protecting your legacy and loved ones.

#2: Not Every Situation is Boilerplate (Even If You Think It Is)

So often, we talk to clients who start off the conversation with, “My life is pretty simple…” or “Everything is very straightforward…” This may be true in some respects, but there are some things that you probably don’t know, that you don’t know. Estate planning in Arizona requires a lot more than filling out forms or a will template. Every situation is unique with different family dynamics, for example, your family might include:

  • A child with a history of substance abuse
  • A child who is married to a spouse you don’t like
  • Blended families (eg., step-children, step-mother, step-father)
  • People who do not get along
  • A family member with special needs (and who may lose their benefits if they get an inheritance without the proper langauge)
  • A minor child
  • An ex you do not want to be involved in any regard

The list goes on and on.  All of these scenarios have a solution that an estate plan that has been carefully crafted by an experienced Arizona Estate Planning Attorney rather than just a document preparer or paralegal can help you address in a way that your wishes are carried out and your family is protected.

In Arizona, anyone can call themself a “paralegal.” There is no certification or test required. A “certified document preparer” is only allowed to fill out premade forms and not create their own or tell you what to fill in the blank.  If a certified document preparer or paralegal does this, in Arizona, this is called the Unauthorized Practice of Law which is illegal if you are not licensed by the State Bar of Arizona, the organization that licenses attorneys.

Unlike a document preparer or paralegal who can only fill in standard forms that they did not have the knowledge, expertise, or education to create, an Arizona estate planning attorney can advise you about the implications and how to best protect your loved ones when you pass on your life savings.

#3: Expert Advice from a Human to a Human

Estate planning is about way more than just some documents. Do you know how many probates our law firm has handled when someone bought a trust online or from a paralegal or document preparer but the trust was not properly created? Putting assets (like your house, accounts, and insurance policies) in your Trust requires a lot more than just writing it down. Ensuring that you are protected from having a guardian appointed to handle your financial affairs also requires a lot more planning than just a random power of attorney document you get from somewhere.  Working with an Arizona estate planning lawyer enables you to get personalzied advice tailored to your specific needs and circumtances.

At Windrose Law Center PLC, your Arizona estate planning law firm attorneys get to know you to understand your family, values, and goals. We do not just draft some documents.  We help you protect your life savings, create your legacy, and protect your loved ones when you are no longer on this Earth and need to know it is done right.

#4 Arizona Estate Planning Lawyers Have Knowledge, Skills, and Experience that Paralegals and Document Preparers Do Not Have

When you work with an Arizona estate planning lawyer, you gain access to their wealth of knowledge, expertise, and experience. We have been there done that and fixed more boilerplate forms filled out by wannabe lawyers. Not just anyone is qualified to give you legal advice and many document preparers and paralegals truly believe that they are helping you and giving you what they need, but they don’t know what they don’t know. The law is complex. An Arizona estate planning attorney goes to four years of college, three years of law school, take a bar exam, and ethics exam,  pass Character and Fitness, and are required to take additional continuing education classes yearly.

 Don’t trust your life savings to just anyone.  Protect it correctly by investing in an estate plan crafted by an experienced Arizona estate planning attorney.

A paralegal may be knowledgeable in filling out forms, but they don’t have access to the resources, tools, or team of experts that a full-service Arizona law firm provides. Working with an Arizona estate planning lawyer means you’re leveraging a network of professionals who ensure your estate plan is thorough, effective, and compliant with current laws.

#5 It’s Cheaper (and Less Stressful in the Long Run) to Do It Right

Probate in Arizona is an expensive, time consuming process. It is stressful on your loved ones and it costs a lot of money.  In addition to paying legal fees, when there is a probate, we have seen houses go into foreclosure because a bank account is frozen and the survivor cannot afford to make the mortgage payments.  Probate takes a long time. Sometimes a person’s loved one has no problem paying all of the bills of the deceased and keeping things current while probate is pending. But not everyone is as fortunate. When you die, your social security number is frozen. This is followed by your accounts being frozen when the accounts have not been addressed through a properly crafted estate plan created by an experienced Arizona estate planning attorney. If your heirs are not savvy, the complexities of probate can be even more exacerbated.

Have you heard the phrase, you get what you pay for? Sure, forms filled out by a paralegal or document preparer are cheaper but that’s all they are.  Forms. They are not a plan and that is exactly what your heirs need in their time of crisis when the person they love is not here to tell them what to do one last time.  Your estate plan, however, does exactly that.

Your estate plan is like a love letter to your family.  Doing it right by working with an experienced, professional Arizona estate planning attorney is your one last directive to your family about what to do and how. It is worth the investment.

While using a paralegal or document preparer may seem like a budget-friendly option, estate planning is not an area where you want to cut corners. Choosing an experienced Arizona estate planning lawyer ensures that your unique situation is addressed with the highest level of professionalism and care.

At Windrose Law Center PLC, we specialize in creating customized estate plans that give our Arizona clients peace of mind, knowing their loved ones and assets are protected. Contact us today to schedule a consultation and take the first step toward building a secure future for your family.

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