changes to a will

[family legacy]

We had a will written years ago by an attorney in our last city and moved shortly after that. If we want to make changes to the will, do we have to go through the same attorney we used before?

[Deleted]

Nope. But do bring the original with you to the new lawyer- it will be a good starting point for the discussion on the new will.

[family legacy]

Is it worth the extra money to go through an attorney than to just rewrite it on our own using something from a website that sells wills?

[Deleted]

I've used Willmaker by nolopress.com and I think it's great. Disclaimer: I am not an attorney, but I spent 3 summers working for a law firm that did a lot of wills so I know what a "vanilla" will should look like. Willmaker runs you through an interview about what you want to give and to whom, and then generates the actual wording, so you can't mess it up. (Some wordings, such as bequeathing real estate and other property in the same sentence, or contingencies such as "I give my nephew Fred $10,000, provided he stops smoking, marries a Presbyterian girl, and they name their first daughter Mehitabel" will make the will invalid.) It also allows you to designate guardians for any children and even to have one person as the guardian and another in charge of the finances.

They also give you clear instructions on having the signatures witnessed.

[so1970]

why would adding conditions to a will invalidate it?

[Deleted]

Jan 6, 2011 14:56:07 GMT -5 so1970 said:

why would adding conditions to a will invalidate it?

The example I mentioned is a PIA to enforce. What if Fred fulfills all the conditions, collects the money, then starts smoking again? Whose job is it to follow him around and make sure he doesn't sneak a ciggie once in awhile? What if Fred's not married but might marry in the future? It may be that some conditions are enforceable ("I bequeath $50,000 to The Church of What's Happening Now in Boulder, Colorado, for a stained-glass window") but that's where you'd need an attorney to give you an opinion.

[so1970]

i was thinking of the richard pryor movie where he has to spend 30 million in 30 days to collect the rest.

[Deleted]

I wonder sometimes how to leave more money to one of my kids for the care of my cocker spaniel. My DH loves her as much (or more since he is he SAHD) so that's a non-issue. But most of my $$$ are tied up in beneficiary-type situations.

Do I just leave a larger percent of, say, one of my retirement accounts with some sort of understanding? You don't want it to go through the will because then it goes through probate?

I know my DIL and son will take Abby. I also know the family joke is that Abby gets it all. But she really doesn't and needs to be taken care of.

[❤ mollymouser ❤]

You can go to an attorney of your choosing and have a new will made. Giving him/her a copy of your old will would be helpful.

Your prior attorney, though, may be willing to charge you LESS for revising an old will, vs. making a new will. It may be worth calling and asking.

If you've moved states, keep in mind that probate laws can vary from state to state, and that may matter depending on the nature and extent of your estate planning. There's something to be said for using an attorney licensed to practice in the state of your residence.

[so1970]

i would rather give it all away before i die what would be the consequences of this?

[❤ mollymouser ❤]

Your relatives will lose all incentive to be nice to you?

Seriously, talk to an estate planning attorney licensed to practice in your state.

[so1970]

i have everything in order. my relatives dont like me any way.

[Deleted]

Deep in Debt, if you wrote a will "years ago" you may want to revisit your estate planning documents anyway. I've been harping on folks at Your Money about getting the whole package done, especially your Health Directives Do/Do Not Resuscitate as well as the wills, Trusts et cetera. We had the whole package done 18 months ago for $2,500 and we have substantial assets. Going through probate which will likely necessitate retaining an attorney and paying court costs will be much, much more than the cost of simply getting your estate package prepared. Also it is likely to be much quicker. Probate is going to add another 6+ months to the settlement process.

After having gone through the estate settlement process recently all I can say is be kind to your heirs and don't leave them a mess!

And as others have said, no you don't have to go through the same attorney.