Are online estate planning documents legal?

Grandmamom21 asked...

My husband and I don't have a will or a document indicating our wishes if we develop health problems. Where can we purchase a living trust online that will be legal?

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

First, be aware that your question concerned several different types of documents: a will, a healthcare directive, and a living trust. Complete estate plans often include all of them, but they are different things. Wills and living trusts allow you to direct how your property should be divided and distributed at your death. You can specify the type of medical care you want provided or withheld in an advance directive for healthcare or a power of attorney for healthcare.

Second, in the interest of full disclosure, I must divulge that I am one of the authors of such a product. I do not divulge this to push it, however -- only to let you to warn you from the inside out that there are a couple things to bear in mind so that you can shop around in an informed way.

When casting about for a product you can trust to produce a valid will, advance directive, or living trust, be sure that it produces documents that are keyed in to the particulars of your state law -- not just a template that claims to fit all with one size.

Also, check with the publisher to be sure that the product is updated frequently -- at least annually -- as the laws that control these documents change fairly frequently.