How much for a simple Will you may ask? It’s an easy enough sounding question, but the answer is not simple, especially if you are looking for quality services that are tailored to your circumstances. Would you ask a physician how much it would cost to treat the pain that you have in your back? The physician could not answer that question until she examined you, asked about your medical history, reviewed your current records, etc., before she could give a reasonable reply.

It is important to know many things about you before we draft your will. This information helps ensure we are preparing a will that is tailored to you. Below are five frequent questions that we find have not been asked of a prospective client and result in an inadvertent (and unexpected) loss of benefits to a beneficiary or money being handled by the wrong person.

• Are any of your beneficiaries receiving means tested benefits? Supplemental Security Income (“SSI”) is a federal program through the Social Security Administration that provides financial assistance to individuals with disabilities, low-income adults over the age of 65, and certain blind individuals. Among other requirements, a single individual’s resources cannot exceed $2,000.00. If you leave money outright, you may achieve the unintended consequence of your beneficiary losing their benefits. There is special planning through lifetime and testamentary trusts that can be done to achieve your goal of helping that beneficiary.
• Is your spouse receiving long-term care at home or in a facility? Most married couples who have wills have simple “I love you” wills which leave everything to each other. If your spouse is on Medicaid, you have spent down to where your spouse has only a couple thousand of dollars of resources. If you pass away with an “I love you” will, your spouse will likely be over resourced and must spend the inheritance on nursing home care or engage in other planning. 
• Do you want your beneficiary to receive their inheritance outright, under certain circumstances, or at a particular age? If you have a younger beneficiary or someone about whom you have concerns regarding spending habits or influences from other individuals, a spendthrift trust or staggered distribution trust might be the best option. You can name a trusted individual or a bank to serve as the trustee. That way, the inheritance will not be blown quickly. 
• Are your children to the same person to whom you are married or to a prior relationship? If you do a simple will to your current spouse, and you are the first person to die in the marriage, there is no guarantee that your children from a prior marriage or relationship receive anything. The real estate that has been in the family for years may go to the subsequent spouse. Conversely, giving the marital home to children of the prior marriage or relationship without considering conditions for the current spouse to live there may be unintended. 
• Have you left your inheritance to your children, per stirpes? This means if one of your children predeceases you, their share will go to their children. In Pennsylvania, one must be 18 years old to inherit. If your child has predeceased you and your children are under 18 years old, the default guardian of the money is the biological parent, i.e., your son- or daughter-in-law. That may not be the person you would like to safeguard your inheritance for your grandchildren. Take some time to think who you would want as the guardian for your minor beneficiaries. 

You may think that you only need a simple will, especially when it comes to the cost of the will you need. Is there such a thing as a simple will? If you ask AI, the answer is “yes, there is such a thing as a simple will.” You probably would receive the same answer from the do-it-yourself online platforms.  Could you end up having a simple will? Perhaps. But it is important to spend time with an experienced elder law attorney and share your family, financial, and personal circumstances. Your elder law attorney will charge a reasonable fee based on what type of will is needed for you. 

This article was inspired by Lee M. Holmes, who practiced in Oklahoma, was one of the first attorneys in the United States to be certified as an elder law attorney, a founder of the National Academy of Elder Law Attorneys (NAELA) and was a staunch advocate for the value of the work elder law attorneys do. I met him in Texas at a NAELA UnProgram about 20 years ago. He passed away in 2024.