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At VKBAR, PLLC we often hear clients ask, “Why can’t I just use an online form Will to make this easier?”

The truth is, if you use an online form Will, it might hold up legally and be perfectly fine. But there’s also a strong chance that it might not. The danger of this happening is simply too great and the consequences too severe for it to be wise to take this path. 

One major issue is that online form Wills often claim to be state specific even when they are not. Since every state has its own set of requirements and regulations for Wills, this becomes a major issue. An online form Will that works in Arkansas may not get the job done in Georgia and vice versa. In Tennessee, we have very strict rules about what a Will must provide, making the use of online form Wills particularly concerning here.

Another issue, is that often form Wills don’t offer a way for you to express the specifics of all of your wishes, especially if your estate plan is more complex or in any way unusual. 

The greatest danger of using an online form Will is that no one will realize it doesn’t work until it is too late. You can leave your loved ones in a really tough situation if the way in which you expressed your final wishes does not stand up legally. They may have to endure a lot of stress and expense in order to make sure things are done in the way you wanted, or they may, unfortunately, be unsuccessful in this, leaving your estate to be divided and distributed via probate court in accordance with intestate law. 

Doesn’t sound like the path you want your estate to take after you pass away? We didn’t think so! That’s why we think it’s so important to forego online form Wills, and instead create your Will and other estate planning documents with an experienced attorney.

Who can help?

At VKBAR, PLLC, we have extensive experience in many areas of law including estate planning. We believe that a strong estate plan, including a strong Will, can give you peace of mind that your wishes will be respected after you pass away and that what you have worked hard for in life will continue to benefit your loved ones after your death. If you have questions about our services or if you are ready to get started, give us a call at (615) 321-5659.

More and more people who come to our office after deciding their marriage has reached its end want to avoid the additional financial and emotional cost of a traditional divorce. There are good options.  If you’ve learned about collaborative divorce and think it might be a good approach for you and your soon-to-be-ex, make sure you approach them in a way that allows them to really appreciate the things that make collaborative divorce different. An initial consultation will include suggestions on how to talk to your spouse about a collaborative divorce. 

Do your research.

Become as knowledgeable as possible about what you are proposing before you bring it up. If your spouse is completely new to the idea of a collaborative divorce, he or she will likely have many questions. We will provide you with resources to help you talk to your husband or wife. Our website has lots of information about the collaborative process; it is ok to let your spouse see it!

Schedule an Information Session.  

A collaborative lawyer does not represent both sides and can’t give legal advice to a party who may be on the other side of a case. We can, however, give both sides information about various approaches to divorce, including collaborative, without giving legal advice or hearing confidential information. Feel free to schedule a joint informational session with your spouse, if that would be helpful.

Let Us Invite Your Spouse to Collaborate.

Some clients think it is helpful if we send a letter or email to their spouse to explain what the collaborative approach is and how it might be helpful in their situation. Let us know if that would be a good idea in your case. 

Explain the financial advantages.

Courts and litigation proceedings are expensive. Make sure your spouse clearly understands that a collaborative divorce can save you both time and money.

Tell your spouse what attracts you to collaborative divorce.

Is it the chance that it gives you an opportunity to talk things out in a comfortable, respectful environment? Is it because you want a more efficient problem-solving approach to your divorce? Are you looking for a process that addresses the unique needs and interests of your family? Do you want to avoid a process that makes it harder to co-parent after the divorce? Is it because it protects your privacy and you want to stay out of court? Let your spouse know what appeals to you, personally, about choosing collaborative divorce over traditional divorce and why it might work best for them.

Listen to their thoughts and opinions. Understand that you have to both agree to it in order for it to happen.

A collaborative divorce can’t work if both sides aren’t willing to collaborate. Understand that no matter how badly you want to divorce this way, it can only happen if your spouse agrees. We will help you think about how to talk to your husband or wife. 

For more information about collaborative divorce or to get started, call our offices at (615) 321-5659. Attorney Irwin Kuhn has extensive experience with collaborative divorce and is eager to work with you.