Who can use Qwill vs. who should see an attorney?

Put simply, Qwill is built for the vast majority of us. Designed and engineered to simplify; we’re constantly striving to bring clarity and transparency to even the most complicated estate topics. That said, life gets complex. There are some situations where it may be advisable to work with an attorney.

When you might want to talk to an attorney:

  • If you have a very large estate, such as: 

    1. Your estate is valued at more than the federal estate tax exemption amount (currently at approximately $11.2 million for an individual, but liable to fluctuate). For more information: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax.
    2. Your estate is worth millions and you live in a state with estate or inheritance taxes. For more information: https://www.nolo.com/legal-encyclopedia/state-estate-taxes.html; https://www.nolo.com/legal-encyclopedia/state-inheritance-taxes.html.

  • If you have a marriage or divorce agreement. 

    Pre- or post-nuptial agreements, or divorce and separation agreements, may require you to include certain provisions in your estate plan.

  • If you have a disabled beneficiary. 

    For example, you have a child, dependent, or family member that may qualify to receive government benefits and whose benefits could be affected by your estate plan.

  • If you are a small business owner. 

    You own or have stock in one or more small businesses and may be bound by business agreements limiting the transfer of your interests (i.e. operating agreements, shareholder agreements, stock purchase agreements, etc.).

  • If you live outside the United States: 

    We’re local (for now). That means our services are controlled and operated from within the United States and are really only meant for users who are residents of the United States. Different countries can have vastly different estate laws, and we really can’t say whether the will you make using Qwill is appropriate for use in any other jurisdiction.

    You may want to consult an attorney if:

    1) You’re not a resident of the United States;
    2) You live in the U.S. but own substantial assets that may be subject to the probate laws of a different country (i.e. you’ve inherited a French chateau or live/work in Hong Kong).

  • If you believe your will may be challenged in court. 

    For example:

    1. You have complicated relationships with your family (or your family has complicated relationships with each other);
    2. You intend to disinherit someone who may otherwise be entitled to receive something from your estate (like a child or spouse).


Still have questions?

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