Estate planning attorneys have all had the experience of talking with heirs after the heirs learn the online Will their elderly parent created isn’t valid. The court will need to be involved, the laws of intestacy are invoked, and their beloved parent has created a quagmire. A recent article from MarketWatch, “I’m 84 with two children. My wife passed away and now I want to do estate planning. Can I just go online?” sets the stage for a discussion about the limits of online estate plans.
An elderly widower needs more than a Will, and a Will created online with no guidance is a recipe for disaster. A Durable Financial Power of Attorney is also needed, and an Agent must be appointed to step in and take charge of finances if the widower becomes sick or injured and can’t pay bills or manage investments.
He also needs a Healthcare Power of Attorney, which appoints a trusted individual to make decisions, get access to medical records and be involved with healthcare providers if he becomes unable to do so for himself.
Someone who is 84 years old may not feel they will need these documents yet, but they are necessary. Otherwise, his two children will need to go to court to obtain guardianship. These forms are state-specific, and his situation may require them to be tailored accordingly.
People who think the law is straightforward and that they can handle estate planning without the help of an experienced attorney are surprised to learn how complicated these issues can be. For example, what if one of the adult children dies before the 84-year-old father? Who will receive that child's share of assets? These gaps in planning create stress and delay for families, exactly when they are most vulnerable.
The man can start by making an appointment with an experienced estate planning attorney in his community. Next, he should check beneficiary designations on life insurance policies, retirement accounts and other non-probate assets. How are his assets owned? If they are joint accounts with his deceased wife, how will they pass when he dies?
An experienced estate planning attorney can avoid pitfalls, provide peace of mind, and make things easier for children and other heirs. Doing this right the first time prevents enormous headaches and costs in the long run.
An estate planning attorney will also ensure the estate is accounted for and properly coordinated while keeping an eye on minimizing taxes and protecting assets.
Understanding an individual’s life, creating an estate plan that reflects their wishes, and seeing the big picture—this is something only a person can do.
Reference: MarketWatch (May 29, 2026) “My wife passed away and now I want to do estate planning. Can I just go online?”
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