Wrangling over Michael Jackson estate could revive sales of online wills

At all price levels, Rampenthal says, customers get a will-making process designed to catch mistakes and clearly express the wishes of the user.

But doing it yourself isn't for everyone, he warned.

"If the person is very wealthy, if there are a lot of interwoven business assets," he said, it's best to see a lawyer. Also, if you want to leave a close relative out of your will or impose conditions, you should see a professional.

"If you want to disinherit your wife or a child, that can be tricky," Rampenthal said. "Or for contingencies, like your daughter gets the money if she gets married.

"Or worse, she gets the money if she divorces her current husband."

A situation that's not straightforward can invite a challenge to the documents. At that point, help from an attorney who created the estate plan could be a lifesaver.

"The documents are more easily challenged if you have not gone through an estate-planning process with an attorney who can testify you were competent and this is what you wanted done," Sacks said.

Sacks recalled a case in which a niece helped her elderly aunt write a will online. The new document gave the niece most of the inheritance, and beneficiaries of a previous will challenged the document in court, he said.

Sacks, who represented the niece, argued that there was nothing awry because the niece had served as the woman's caretaker in later years. But the niece lost, and the old will stood.

"If an estate planner had been involved and could say these were the woman's wishes and it was done without undue influence, there likely would have been a different result," Sacks said.

Of course, having a lawyer around as a witness is good only if he or she doesn't die before you do.

"That happens," Rakowski said.

It's just another reason to keep a will current.

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david.colker@latimes.com

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Creating a will without a lawyer

Here are options for writing a will without an attorney. Experts warn, however, that do-it-yourself wills are not appropriate for all situations.

HANDWRITTEN

California accepts handwritten wills with plain language, but the document must be entirely handwritten and signed. A date and witnesses are optional but would give weight to the will if it were challenged. It's better than nothing, but this route can invite unwanted interpretation and probably would be subjected to the expense of probate.

COMPUTER-ASSISTED

Nolo publishing ( www.nolo.com) offers its "Quicken WillMaker Plus 2009" CD-ROM, which can be found online for about $30. The software can be used only on computers with the Windows operating system. LegalZoom ( www.legalzoom.com) offers online wills for $69 to $119.

Source: Times research