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June 3, 2025

How one mistake turned into a $100k probate battle

A wealthy widower knew his time was limited and decided he needed a Will—or maybe a Trust. He’d seen the ads: “Create your Will or Trust from your couch!” So, he went to a DIY estate planning website and completed the documents on his own.

Two months later, he passed away. Now his estate is in probate—and I’ve been hired to handle it.

What Went Wrong?

The Will he created has several major problems:

-It names his wife as a beneficiary—even though she had already passed away when he drafted it.

-It says everything should go “equally to my children,” but doesn’t name them.

-The three children he raised from infancy were technically his stepchildren—but he raised them as his own, and they all used his last name.

Now a cousin has filed a legal challenge, claiming the three children aren’t his legal heirs. With no Trust, no funding, and no clarity, this case is headed for costly and time-consuming litigation.

The Avoidable Consequences

Had this gentleman called me, I would have:

-Created a Living Trust to avoid probate entirely

-Ensured his intentions were clearly spelled out

-Properly transferred his assets into the Trust (called funding the Trust)

-Ensured his children by love—not blood—were legally protected

Instead, his estate will likely face $100,000 or more in legal fees, drawn-out court proceedings, and emotional hardship for the people he loved most.

The Bottom Line:

DIY estate planning often seems cheaper—but in the long run, it can cost your family dearly.

If you want to make sure your wishes are carried out and your loved ones are protected, give me a call. I make house calls and will ensure your documents are done right the first time.

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Geisler Patterson Law


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