The internet has changed so much of our day-to-day lives that we often rely on it when we really shouldn’t. If you’re beginning the estate planning process, you may be tempted to try out one of the many internet services or e-lawyering providers out there. These companies often offer to make your Will for you, establish a Trust or provide other services that attorneys usually provide.  Use these providers with extreme caution.

Errors. There are any number of potential errors that arise when you use an do-it-yourself legal service. For example, a review of one company’s Will creation software revealed 22 errors. The Will software mistakes included complete omissions of vital information, contradictions within the Will, mistakes about the changes in the law and even parts that were specifically prohibited by state law.

Competency. Unlike an attorney, companies that sell you pre-made Wills, Powers of Attorney or books and materials about estate planning do not face significant penalties if they make a mistake. Your lawyer does. Your estate planning attorney has a legal duty to provide you with sound, competent advice. If he or she doesn’t, the attorney’s career could be in jeopardy. In other words, an attorney has a legal obligation to provide you with good advice, while internet legal products do not.

Education. One great way to use the internet is to bolster your own knowledge about estate planning. But don’t let this introduction to estate planning give you false confidence. An experienced attorney has years of education and experience and stays current on all the relevant laws, not just the bullet-pointed highlights.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

Singer Amy Winehouse died last year in London at the age of 27. The singer had achieved remarkable success several years prior, but had since fallen on hard times. However, she left behind numerous assets and, as Forbes reports, did not have a Last Will and Testament. Though the laws of the United Kingdom are slightly different than those in the United States, there are enough similarities that we can learn a lot about our own probate process just by looking at the Winehouse Estate.

Question 1: What happens if I don’t have a Will?

Like Ms. Winehouse, if you don’t have a Last Will and Testament your property will go to specific people as determined by your state’s laws of intestate succession. These laws choose who receives your property and give your possessions to your closest family members, typically your spouse, children, or parents depending on who survives you after you die.

Question 2: Does probate cover everything you own?

Not necessarily. Though Ms. Winehouse’s probate estate was worth about $4.6 million after taxes and debts were accounted for, that doesn’t mean that was the total sum of her worth at the time of her death. If she had non-probate assets, such as Trusts, transfer on death accounts or jointly held assets, those would pass outside of the probate process and would not be included in the probate court documents.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

As part of your estate plan, you’ll probably come up with a long term care plan in case one day you lose your ability to care for all your needs. Of all the estate planning areas, long term care planning can be one of the more daunting as it forces us to accept that we may become more dependent on others. Though this may not be an easy pill for our pride to swallow, long term care is an important part of your estate plan, and you shouldn’t allow yourself to fall prey to certain myths that can harm your planning efforts.

Myth 1: I don’t need a plan because my spouse/child will take care of me. While having your family provide your long term care needs is the ideal solution for many people, it isn’t always possible. This is especially true if you’re relying on your spouse to care for you as you get older. Your spouse will face his or her own limitations and may not be able to provide full-time care, or worse, may cause more problems in the attempt.

Myth 2: Medicare provides all the long term care I need. While Medicare does provide for some long term care, the amount it provides for is extremely limited. For example, Medicare will only pay for 20 days of nursing home care after surgery, and it may pay for an additional 80 days, but only if you provide a daily co-payment. Further, Medicare rules may change and may not be as reliable as once believed.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

Risk 1: You lose money. Failure to have an estate plan can cost you money both while you’re still alive and after you die. A good estate plan, for example,will take advantages of any laws that allow you to minimize any estate taxes. It will also make plans for you if you become unable to manage your finances if you get sick. Not taking the time to prepare for these situations can cause you to lose money both in taxes and court costs associated with having to appoint someone to run your financial affairs.

Risk 2: You cause family discord. If your family is important to you, or even if you want to disinherit someone, you should know that not having an estate plan is a great way to cause arguments, grief and even legal battles between family members. As long as you create an estate plan that makes your wishes clear, your family will at least know what you wanted. This won’t guarantee that fights won’t arise, but it will minimize the chances as much as possible.

Risk 3: Your state gets your property. While this is a very unlikely scenario, it can happen. All states have laws that determine who inherits your property, leaving that property to your relatives depending on who is the closest living relative at the time of your death. If you don’t have living family members that qualify under state law, your state may inherit everything you own.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

At one time, Whitney Houston was one of the most popular recording artists in America and across the world. Though her presence on the pop charts has since faded, her recent and untimely death has already sparked a resurgence in her popularity and sales of her albums and films. Upon the world learning of her death earlier this week, her hit song “I Will Always Love You” became the top-selling single on Apple’s iTunes within less than 24 hours.

This increase in attention and associated sales will only benefit her estate, though by how much remains to be seen. It is very common for the death of a well-known and beloved celebrity to spark an increase in sales. The estates of Elvis Presley, Marilyn Monroe and John Lennon continue to generate millions of dollars in revenue every year even though those celebrities have been dead for decades.

Take, for example, the estate of Michael Jackson. After the singer died unexpectedly in 2009, his movies, music videos and, most of all, his music, experienced a dramatic surge in sales. This increased popularity continues to today. In 2011, Forbes estimates that Michael Jackson’s estate continued to generate more than $170 million in revenue, making him the top deceased celebrity estate earner.

While Whitney Houston’s sales are not expected to reach Michael Jackson levels, her estate will be greatly enriched by her death. Unlike Michael Jackson and Elvis Presley, there isn’t as large a following of Ms. Houston, though many of her fans have a strong emotional bond to her work which will further spur more sales.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

In March, representatives of the late Whitney Houston filed her Last Will and Testament with a court in the Atlanta area. The 19-page document does not appear to contain anything problematic or surprising and it doesn’t appear that there will be any lengthy probate battle. However, you can look at Ms. Houston’s Will as a tool to learn about your own Will and what options you have when you create it.

Issue 1: Your right to change.

Ms. Houston originally wrote her Will in 1993. She made changes to it in 2000 and 2004, namely by changing the people she wanted to serve as trustee and executor. Whenever you create a Will you retain the absolute right to change any and all of its terms at any point. As long as you remain mentally competent and make the changes in a legally recognized manner, you can change your Will for any reason or for no reason.

Issue 2: Your right to choose.

Ms. Houston decided to leave everything she owned to her daughter, Bobbi Kristina Brown. The 19-year-old will inherit her mother’s estate, though she will not do so immediately. Ms. Houston’s Will dictates that her estate will remain in a Trust, held for the benefit of her daughter, and will be distributed once Bobbi Kristina reaches the age of 21, 25 and 30. All of this is entirely legal. Ms. Houston’s creation of a testamentary Trust to distribute her property periodically is something you can choose to do.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

Step 1. Deciding what you want. Do you want your grandchildren to have a college Trust? Do you want to make sure your favorite charity isn’t left out? Write down your goals regardless of how practical or plausible you believe they might be.

Step 2. Inventory what you have. Develop a list of everything you own, both as an individual and with your spouse or others. Write everything down, even if you don’t think you have the right to determine who receives the item if you die.

Step 3. Develop a plan. Once you know what you want and what you have, you can meet with your attorney to determine what options you have and what needs to be in your plan to meet your goals.

Step 4. Execute the plan. Once you’ve identified the documents you want to create and the steps you need to take to carry out each element of your plan, you need to work with your estate planning attorney to start creating each element. Many elements will be created by your attorney for your review, but you’ll have to give final approval.

Step 5. Periodic reviews. Your wishes may change, your desires may change, the laws may change and your needs may change. Regardless of what happens, you should be prepared to periodically review each element of your estate plan so it meets all your needs and desires in accordance with all relevant laws.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

Question 1: Do I have someone who I can rely upon to manage my finances? If you do, you can ensure that person takes control of your financial affairs if you become incapacitated by naming that person as your agent in your Power of Attorney document. If you don’t create a Power of Attorney, it will be up to the court to determine who takes over, and it may not be someone you would want.

Question 2: Do I want my family to have to spend a lot of time and money in court? If you don’t create a financial Power of Attorney, your family may have to go to court to determine who manages your finances. This can cost money and time, and can be easily avoided.

Question 3: Do I want my spouse to take over? If you’re married, your spouse may not be automatically entitled to manage your finances without a Power of Attorney. Your spouse generally has no right to manage property you own on your own. You can let your spouse manage your property if you name him or her as your agent in your Power of Attorney.

Question 4: Do I want to make my own choices? A Durable Power of Attorney for finances is a way to set out your decisions before you lose your ability to make such decisions. You don’t need court approval, you don’t need to file your document with the state and you don’t need anyone’s permission to make one. If you want to control who manages your financial affairs, you need to have a financial Power of Attorney ready.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

As mortals, the notion that someday we will no longer be around is always lurking somewhere, ready to strike at us when we least expect it. It’s no wonder that we avoid some conversations and thoughts with such ease and regularity, even when doing so can be detrimental to ourselves and our families. Estate planning is exactly this kind of idea. The thought that we should prepare for what happens after we die is a significant barrier that keeps many people from starting their estate planning efforts.

Tip 1: Confront your own emotions. Sometimes we are lax to even acknowledge our fears, much less recognize that they are stopping us from acting. Try thinking about writing your Will. Sit down, write down how you want your property distributed after you die. List all your property and determine how it will be handed out. If you can get this far, you should take your list to an attorney and begin the estate planning process. If you can’t, if something always conveniently comes up, you’ll need to stop and consider what is stopping you and what you’re feeling when it happens.

Tip 2: Manage the resistance. You don’t have to get over your fear or hesitation, but you do have to be able to control it enough to move ahead. Talk to friends, family or professional counselors about what you’re experiencing. Even if the feeling never goes away, you need to be able to move past it and not let it hinder you from developing an estate plan.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

The Manhattan Surrogate’s Court judge presiding over the Hugeutte Clark estate recently removed the two executors Ms. Clark had appointed in her will after allegations of misconduct and fraud arose. Surrogate Kristen Booth Glen removed the men after attorneys for the Office of the Public Administrator of New York County presented evidence that the two men had made numerous actions that violated their fiduciary duty.

The executors, attorney Wally Bock and accountant Irving Kamsler, had purportedly failed to pay income and gift taxes for years. The total for the fines, penalties and unpaid taxes could end up costing the estate $90 million, a sizable share of the estimated $400 million the estate is worth. Prior to the revelations, Surrogate Glen had appointed a county office to act as a third estate administrator. The investigation conducted by the office revealed that the two executors had engaged in misconduct over the course of their handling of the estate.  In addition, they engaged in misconduct when they managed Ms. Clark’s affairs.

Ms. Clark died in May, and her estate has seen several dramatic legal revelations. With the removal of the two executors, it now falls to the attorneys working for the administrator’s office to manage the estate. The former executors, had they not been removed, stood to earn about $8 million each for their work.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.