[Brg1956]

Add a codicil. You can get language on computer. I Xxx being of sound mind and body do hereby ament my last will and testatment dated to read....Then have it notarized with two witnesses. You don't destroy the old will

[Keninches]

There are lots of opinions, you should get advice from a Trust Lawyer. In Florida a will is not always the best.
A Trust is the best with less headaches for all if you are concerned about your wishes. Check with a lawyer. We did a trust no inheritance taxes involved.

[giorgio1948]

Correct ~

[ProfessorDave]

Few things: a) if the will was originally done in another state, you should definitely get a Florida attorney to re-do the will. I found that Florida law is significantly different regarding legality of wills than Indiana for example. b) If any of your investments (bank, stocks funds, etc.) have a clause in it who the funds will be distributed to upon your death - those instructions override a will - so make sure. c) as shared in other responses - a TRUST is generally the best route. A good lawyer will likely do a trust along with several other documents related to health decisions, etc. for a bundled price of under $1,700. If you want to know who I used (who was fantastic) send me a note.

[MandoMan]

Originally Posted by Peazoup

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.

I would say get a lawyer to do it right. While you are at it, make sure you have a Durable Power of Attorney in place and have signed papers on what you want done if you are no longer able to make decisions or if you are in a coma or completely paralyzed, etc. Lawyers can do these right and fast. They also have check lists where you can check what you want done or don’t want done with your body. (I’m leaving all body doctors want to them, and incinerate the rest, with the ashes in a cardboard box. No expensive urn. No embalming. No memorial service.)

I finally signed my will and all this other stuff this very week! I should have done it decades ago. One thing to consider is that being an executor can be a lot of work, and sometimes the executor may need to hire a lawyer—paid for out of your estate—to do the paperwork. If a lawyer is your executor, usually the lawyer receives a share of the TOTAL estate, like 1% to 3%. So if you have a million dollar estate, that’s $10,000 to $30,000. I’ve asked one of my sisters with an MBA and an accounting degree to be my executor, but I plan to leave her money for doing this. It’s not fair to expect one relative to do this for free while the others sit at home and complain.

Last month my girlfriend’s parents both came down with COVID-19. Her dad died last Saturday at 91. Her mother survived and came home a couple days ago, but is much more frail, incontinent, and has substantial memory loss, such that she cannot sign legal papers. Their will was 25 years old, and they gave each other power of attorney and made each other executors of their will. Those were not good moves! Fortunately, the man was able to talk with a lawyer and notary by FaceTime as he struggled for life in the hospital and transfer these things to his children. His wife certainly couldn’t do it. She didn’t even react when she learned he had died. Thanks to the virus, that is legal in Florida. By contrast, my own dad keeps the paperwork for his Do Not Resuscitate order on his refrigerator door, so EMTs can find it.

(By the way, my late friend was Catholic and went to mass most weeks. A priest gave him last rites by telephone, to my girlfriend, without chrism, without her dad being in on the call, even though her dad was conscious, and even though he hadn’t been to confession in decades. Then the priest assured her he would immediately go to heaven? Really? Is that Catholic theology these days?)

[rjm1cc]

To avoid have an attorney make the change.
You can add a separate writing to your will. This will let you distribute most of your assets and you can change this without an attorney.
The executor is important so I would use an attorney. In Fl must live in the state, not be a Felon OR can be a blood relative living any where. I think blood means your blood line and not your spouse but I am not sure.
Will has to be signed according to Fl law so to be sure I would use an attorney.
Be sure to have a power of attorney.

[sborlove]

If your will was done from another State; it is best to find a Florida lawyer to make changes and fix since the laws are different and some are required for Florida. That is if you are a resident of Florida now since there is NO estate tax here.

[CZN715]

I was told that my Connecticut Revocable Trust and Pour Over Will was legal in Florida. That Florida will follow the letter of the laws of Connecticut. I hope that’s true. Modifying Trust documents are a little pricey.

[vitacr]

Most wills allow up to 3 simple codicils. If not a Florida will suggest a new one. They require witnesses and notarization. I've done many in my 32 yrs a Florida Notary- villagenotary@aol.com.

[meridian5850]

We made a change to ours and there was a fee to have it changed and get new copies. Less than $100, as I recall.

[diamond2005]

Originally Posted by Peazoup

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 do a Codicil yourself. There are samples of Florida firms on google.

[Skeeter1]

Originally Posted by CZN715

I was told that my Connecticut Revocable Trust and Pour Over Will was legal in Florida. That Florida will follow the letter of the laws of Connecticut. I hope that’s true. Modifying Trust documents are a little pricey.

That is not necessarily the case if you are now a Florida resident. I know of a resident that moved from Michigan and had to have an addendum made to their Michigan Trust to make it compliant with Florida law. If you haven’t checked with. FL lawyer regarding the CT Trust compliance I would recommend that you do so soon.

Normally your legal documents need to comply with the state you are an official resident of.

[dougjb]

So many opinions....so little legal knowledge.

As a judge once said to someone in court, "Unless you think you have better knowledge or the law than someone who spent seven years in education and practices this every day, I recommend you hire an attorney."

Wills, codicils and trusts are based on hundreds of years of precedent dating back through history and midaevil common and canon law. So, if you just want to imagine what is logical and what is lawful, go ahead and make a mess of things.

As for me, I would go to a lawyer. Period

By the way, I don't ask for medical advice in this column either. Doctors seem to have more education about medical issues than I will ever have.

[Altavia]

Originally Posted by dougjb

So many opinions....so little legal knowledge.

As a judge once said to someone in court, "Unless you think you have better knowledge or the law than someone who spent seven years in education and practices this every day, I recommend you hire an attorney."

Wills, codicils and trusts are based on hundreds of years of precedent dating back through history and midaevil common and canon law. So, if you just want to imagine what is logical and what is lawful, go ahead and make a mess of things.

As for me, I would go to a lawyer. Period

By the way, I don't ask for medical advice in this column either. Doctors seem to have more education about medical issues than I will ever have.

Precisely!

Plus, the attorney can help your loved ones with what and how things need to be done once you pass.

[Skeeter1]

Originally Posted by CZN715

I was told that my Connecticut Revocable Trust and Pour Over Will was legal in Florida. That Florida will follow the letter of the laws of Connecticut. I hope that’s true. Modifying Trust documents are a little pricey.

You should check with a FL lawyer. If you are an official resident of Florida then FLorida law is what you fall under. My mother came moved from another state and had to have an addendum done to her Mi Trust to bring it into compliance with FL law.