In the age of the Internet, there is a growing trend among Americans who need a will to avoid the cost of a lawyer and use a legal-services website like Legal Zoom or use some “free will form” they found on the web.

However, there are many dynamics that go into estate planning beyond executing a “simple” will. First, you may have family dynamics or complex assets such as a closely held business that require something more than a “simple” will. In fact, a will may not even be the best vehicle to address some of these issues, and you may need to consider a prenuptial agreement or a revocable living trust. Also, various assets are generally not governed by the terms of a will at all, such as life insurance, joint bank accounts, and retirement accounts. Your do-it-yourself (DIY) will form may be perfect in every respect, but it generally has no authority over these types of assets.

Moreover, estate planning generally involves not only planning for death but also planning for incapacity. The documents used to address incapacity are commonly referred to as advance directives, which generally include a power of attorney, a health-care proxy and a living will. These are also popular with the DIY form websites, but you may need an attorney to explain to you the legal significance and consequences of signing these types of documents.

Another dynamic to estate planning is exploring whether you may need to do some elder law/disability planning, which entails not only wills, trusts, and advance directives, but also considering long-term care insurance and/or Medicaid eligibility and planning.

The purpose of this column is not to convince the reader to avoid using DIY websites such as Legal Zoom. What you should consider, however, is whether your particular personal and financial situation is complex enough to require consulting with a lawyer. This is really no different than any other decisions we all make in life — I do not go to the doctor every time I have a simple common cold but I certainly go to the doctor if I break my arm. I can change the oil on my automobile, but I prefer the auto shop to do it because it has better tools than I do and I am reasonably certain it will do it correctly.

So if you come to the decision that you need a “simple” will, you should also seriously consider if your particular situation is really all that simple before you attempt to do it yourself or use a DIY legal-services website.

Ryan Emery is an attorney with Mackenzie Hughes LLP in Syracuse. He is a member of the firm’s estates department. Emery focuses his practice in the areas of estate planning and trust and estate administration in both New York and Florida. This viewpoint article was drawn from the Mackenzie Hughes blog, called “Plain Talk.” Contact Emery at (315) 233-8368 or email: remery@mackenziehughes.com

In the next few years, $22 billion is expected to transfer from one generation to the next in Central New York. Over the next 50 years, the expected transfer of wealth for our region is estimated at $240 billion. This is according to a study commissioned by the Central New York Community Foundation and conducted by the RUPRI Center for Rural Entrepreneurship.

As you evaluate how you will approach your own charitable giving and asset-transfer strategies, consider the following questions for yourself, your friends, or your business clients:

• Have you thought about carving out a portion of your estate for the community?
• Do you have charities that you support on an annual basis? Do you want to include these in your plan?
• If there was a way to maximize both the tax and community impact of your giving, would you be interested in exploring that?

A variety of planned-giving options, ranging from simple to complex, can be customized to meet each unique situation. For example, establishing a charitable bequest through a will is a simple way to reduce estate taxes. Establishing a charitable trust, while more complex, can provide flexibility and a life income. Gifts through retirement-plan beneficiary designations are simple and can be highly tax efficient.

These and many other giving tools provide great options to get started. However, updating beneficiary designations, changing title of assets, or creating a trust document is only the beginning. What happens if the nonprofit you designated to be supported today is gone tomorrow? What if you created a private foundation and the trustee passes away? Even the best plans can’t anticipate the full range of what the future may bring, but there are ways to protect your or your clients’ interests.

Today, people expect more than just a solid plan — they expect stewardship. They want to know that their intentions for charitable gifts won’t be lost over time. The best practice for philanthropic planning provides individuals with the opportunity to extend their generosity beyond their lifetimes, and provides an assurance that their gifts will be safeguarded. If crafted carefully, a charitable plan can offer more than just money to worthy causes; it can provide a way for someone to be remembered and to have their personal stories live on in the community.

As you consider a structure for your plans, you can take steps to determine not only the right type of gift, but also create a legacy plan that documents wishes for the future use of the charitable dollars you’ll leave to benefit the community. For some families, a facilitated discussion about the meaning behind philanthropic intentions and an individual’s history of community engagement can be a valuable exercise.

Lastly, when assessing your charitable plans, consider structures that allow for both resiliency over time as community needs and organizations change, while making it easy to change the plan when the need arises.

Thomas Griffith is director of gift planning at the Central New York Community Foundation. Contact him at tgriffith@cnycf.org or (315) 422-9538.