Monday, February 11, 2008

Can I change my will without using my lawyer? -

I created a will almost two years ago, and am going through a divorce and need to make some minor changes to my will. The lawyer is not the same lawyer I am using for my divorce, and the changes are very simple and minor. I live in PA and have had no luck getting a hold of my lawyer.

You can; but you run the risk of having a challeng filed to the will if it is not property changed, noted, and witnessed.

First, it doesn t have to be the same lawyer who wrote the original will. Your divorce lawyer will probably do the changes as a courtesy. That said, all you need to do is draft a NEW copy with the changes, and sign it in front of two witnesses who will also sign. All three signatures will be notarized. The most recently dated and properly witnessed will is considered current. (if you want to go for full coverage, you can sign/date/notarize each page of the will).

yes you can it is called a Codicil. A codicil is a written supplement to a person s will, which must be dated, signed and witnessed under the same legal rules applicable to the making of the original will, and must make some reference to the will it amends. A codicil can add to, subtract from, revoke or modify the terms of the original will.

It doesn t have to be the same lawyer who drafted the will in the first place, but I *strongly* encourage you to consult a lawyer before you try to make changes to your will. Please. You could be saving your heirs a huge amount in hassle and legal fees.

no it will not be legal without a lawyer doing it...find a new one and make your changes

Check your state laws. A good google search should do. Some states allow codicils provided that they are properly witnessed and have a proper execution clause. When the divorce is finalized your ex-husband would not be included anymore in the will. Honestly it is easier to redo an entire will than add a codicil. The good news is that you can do a will without a lawyer, unless state law says otherwise. That means you can copy your old will and just replace the names you want. Make sure you have an execution clause in the will. And it is important to make sure it is properly witnesses. For most states that means it should be signed by two people, and state law differs on whether they have to be disinterested (meaning they do not take anything under the will). Consult your laws in your state for specifics. Good luck!

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