Legal Question About Wills
 

If you have a will and want to make minor changes such as distribution of an asset or change in executors, do you need an attorney? Or, could the changes just be written in and then notorized? Thanks for any info.

you can amend yourself and it should be notorized, but for a couple hundred bucks.....should do it right...........being of sound mind & body.

If the original will was prepared by an attorney, you probably don't have a computer file that can be electronically modified. So, you would need to change the document by hand writing the changes. Also, you would need a notary and witnesses. And, you would need an affidavit to make the will self-executing, which means that, when you die, the will can be executed without the witnesses being present. And, finally, I would destroy all other copies of the original will. Of course, no one will know if you did it correctly until after you die.

If you don't want to pay a lawyer, why not just prepare a new will on Legal Zoom, which is cheap and easy to do?

have an attorney do it...you won't be around to enjoy watching people fight over whether the change was legal or not

Sorry for related question, but was told I need a new Florida will as my executor must be a blood relative or a Florida resident. Thanks.

That's correct. But if you want to get around that requirement you can put your assets into a trust and appoint whoever you want to be trustee after you pass.

Just do a codicil, no need to redo the whole will.

If you are changing something that is worth a bunch of dollars why take a chance?

Looks simple,

Codicil Form | Free Codicil to Will Template (US) | LawDepot

How to Write a Codicil to a Will | legalzoom.com

Great info. Thanks all.

Agree. For the few dollars spent, at least your wishes will be carried out. Just take the legal fees out of the money being left for others. Also, I have no idea why people scrimp and save when they are well into their 80s. Spend the money, enjoy. Why save for someone elses happiness. You worked for it, you deserve it

I would heed the words of our 16th President: “He who represents himself has a fool for a client." We have made changes to both our will and trusts. It typically only takes a few minutes. Our attorney Ed Soulsby doesn't charge a huge fee for changes. I want to say it was like $125 or so, well worth not screwing something up. Although he is the one that created our trusts which cost more of course, so maybe it's like a tune up? I don't know, but I wouldn't do it myself. Shop around if you don't already have an attorney. Ron

From Amy Pittman's newsletter


What my neighbor said

Most neighbors have good intentions when they give you advice. However we always recommend you speak to a professional before acting on that advice. Here are a few examples of what we hear from clients:

My neighbor said that I must have a new Last Will and Testament since I moved to Florida. This is true in some situations but you really need to have an Attorney review your current Will to determine if it complies to Florida law as well as your current situation.

My neighbor said that Florida probate is extremely expensive. If you plan properly your heirs should not have an expensive probate. However, we encourage clients to speak to an Attorney to determine the best way to eliminate the need of probate or at least reduce the amount of assets that would go into probate.

My neighbor said that my health care surrogate and agent under my Durable Power of Attorney must be a Florida resident. This is not true. You can name whomever you want in the role as Health Care Surrogate as well as the agent under your Durable Power of Attorney. Your named Personal Representative (aka Executor) must be a Florida resident OR a relative. So if you name someone related to you then that person does not need to live in Florida.

Of course, if your neighbor says you must see Amy Pittman, then I agree with that advice. :)

Not true. An executor should be asked if he/she is willimg. It's a lot of work with a fiduciary responsibility. I have gotten out of state people qualified by the Clerk of the Court (by appt.), but they had to post a bond, which is a percentage of the estate's value.

Will & executors must be blood relative
 

That is true, I am originally from Ireland with no siblings in this country. My lawyer said I cannot pick a friend as an executor in the State of Florida I must pick a blood relative. Unfortunately my sisters will have to rush here to settle my estate. What do u do that is life