Will Modification

Putnam County Will Modification Attorney

Ensuring Your Final Wishes are Current and Legally Sound

Many NewYork residents who have already drafted a will never consider that they may need to review or make changes. Even so, life events can significantly alter a family’s financial and personal status, necessitating the need to amend or create a new will that reflects these changes. In other instances, individuals may need to review their will to ensure that it still aligns with their objectives.

Regardless of your situation, if you have a will, consider reviewing it every three to five years to ensure that it still accurately reflects your wishes or to make any necessary beneficiary changes. The Feller Group, P.C. of Putnam County, is dedicated to helping clients with their estate planning needs and would be honored to assist you. Contact our law firm today to schedule a free, 30-minute case evaluation, and we will discuss your legal options with you.

When Should I Consider Modifying My Will?

If you live in New York, consider revising your will every three to five years, or if you have experienced a substantial change in your life or financial situation. Some of the most common events that should trigger a review or modification of your will include:

  • Change in marital status: Whether you marry, divorce, or remarry, it is best to modify your will to make changes that include new beneficiaries or exclude those that are no longer part of your life
  • Birth or adoption of children: The birth of a child or grandchild facilitates a need to change your will. Common reasons include naming a guardian for minor children or adding them as beneficiaries
  • Death of an executor, guardian, or beneficiary: In some instances, those whom you have named in your will may pass away before you. To ensure that your heirs and beneficiaries do not encounter unnecessary delays, it is always best to make appropriate changes as soon as possible
  • Changes in financial status or assets: An increase or decrease in your income always necessitates changes to your will. For example, you may have recently sold or acquired real property that should be addressed in the updated will
  • Changes in your health: As you age, you may experience health conditions that can impact your life and perspective, which should be communicated in your will. You may also wish to include Medicaid planning and advance directives as part of the new will

Can a Will Be Revoked in New York?

A common question that many clients ask is whether a will can be revoked, as they wish to create a new one. The answer is yes, but several points must be considered to ensure that legal issues related to the old will are appropriately addressed.

If you are considering revoking your will, several options are available to you.

Create a New Will

You can make a new will with the help of a qualified estate planning attorney, as long as you are mentally competent to do so. It is always best to consult with an attorney to ensure that your will is valid and withstands legal scrutiny.

Intent to Revoke in Writing

Put your intent to revoke in writing. The same rules apply as creating a new will, including ensuring that you are mentally sound to revoke your will. Most individuals who choose this option also decide to create a new will when revoking their old one.

Physically Destroy the Will

You can physically destroy your will to ensure that it is revoked. Some individuals choose to burn, cut, shred, ot tear up their old one. In some cases, a person who wishes to revoke their will can request that someone else do so, but it must be done in the presence of two witnesses, with the person present at the time.

What are the Legal Ways to Change a Will?

New York State offers individuals various options to consider when updating their wills. These options include creating a new will or drafting a codicil for specific amendments, provided you are mentally capable of making that decision.

If you choose to create a new will, there are several key points to consider. A new will is the best option if you choose to make significant changes to your existing estate plan. As with your previous will, it must meet all New York State legal requirements, including being signed by you in the presence of witnesses. Although no law states a will should not be notarized, those that go through this process often help to speed up the probate process.

The other option involves drafting a codicil, a separate legal document that amends your existing will. A codicil is a practical solution for those who only wish to appoint a new executor, change or add beneficiaries, or take other simple actions that do not require the creation of a new will. The codicil should clearly state the changes you wish to make, ensuring that it references the sections of the will that are to be modified. After the codicil has been completed, it is best to attach it to the original will, ensuring there can be no confusion about your wishes after you pass away.

What are the Legal Requirements for a Codicil to Be Valid?

Suppose you are considering creating a codicil to your existing will. In that case, it is essential to be aware of the legal requirements to avoid potential issues that could delay probate for your heirs. Some of the most basic requirements include that the person creating the codicil must be at least 18 years old and sign the codicil in the presence of witnesses, who must also sign the document. All witnesses must be present at one time when signing and cannot be beneficiaries named in the will or codicil.

While it is not mandatory, having the codicil notarized is strongly recommended. Having a codicil notarized is an easy way for your family to prove the document’s authenticity and help prevent avoidable delays.

If you want to make amendments to your existing will, you need a Putnam County will modification attorney to assist you. Only a qualified attorney can address your unique needs and any other issues that may be a priority in your life. The Feller Group, P.C. can help you understand your legal options and craft a customized strategy that will help you feel confident about facing the future.

Allow Our Estate Planning Law Firm to Help You With Your Legal Needs

At The Feller Group, P.C., we are dedicated to helping our clients with their legal needs. We offer skilled legal representation, no matter why you may wish to modify or change your will. Suppose you are growing older and are concerned about obtaining Medicaid benefits, paying long-term care expenses, or your circumstances have simply changed, and you wish to update your will. No matter what reasons you may have, our estate planning attorneys are ready to assist you.

Contact our Putnam County, NY, law offices today to schedule a free, 30-minute case evaluation, and we will help you determine your legal options.