QUESTION
How could we update my parents will and power of attorney?
Asked on Jun 04th, 2015 on Estate Planning - Illinois
More details to this question:
My parents need to update their wills and Power of Attorneys but the attorney who created them is no longer practicing in the area. Do they need to start over or what is the process to have the documents amended?
20 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Any attorney can amend a will without starting over. A power of attorney is usually a simple document that would be replaced at a low cost.
Answered on Jun 05th, 2015 at 4:52 AM
The usual planning horizon for estate planning is 5 years. If it has been more than 5 years since the Will and POA was created, you should have an attorney review your estate plan. A review is more than producing documents: it is understanding your situations and what you want, designing a plan and then, creating the documents.
Answered on Jun 05th, 2015 at 12:27 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Your parents can contact another estate planning attorney, provide their existing plan to the attorney and they can decide how to proceed from there.
Answered on Jun 04th, 2015 at 5:01 PM
Edwin K. Niles
Any lawyer who practices in the area of wills and trusts can help you.
Answered on Jun 04th, 2015 at 4:37 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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They should make an appointment with me or another lawyer, and they should bring the documents to the meeting with them (or copies).
Answered on Jun 04th, 2015 at 2:05 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Just start over. By the time I have read and analyzed a will created by another attorney, so I know it well enough that I could draft a codicil to the will (which is how you amend a will), I've spent as much time or more than I would just creating a new will. Probate law doesn't change a lot, but it does change, so if your parents' documents are five or ten years old they're out of date anyway.
Answered on Jun 04th, 2015 at 1:16 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If there only simple changes your parents would like to make on their will, they can execute a codicil to a will. If the changes are more complex or there are multiple changes, sometimes it is better to execute an entirely new will. If there are changes to their power or attorney, they would need to execute a new one. It is simple document that can be redone easily and cheaply. I am sure there are several attorneys in their area that specialize in estate planning that can assist them.
Answered on Jun 04th, 2015 at 12:30 PM
Personal Injury Attorney serving Greenville, SC
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The Greene Law Firm, P.A.
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We can either do a Codicil to the current will if the changes are minor, or, if there are major changes I would recommend that we do a new will.
Answered on Jun 04th, 2015 at 11:51 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Any attorney can create such documents. The update of a Power of Attorney will revoke the prior Power of Attorney. New standardized statutory powers of attorney are in place and should be used for any change in a Power of Attorney for Healthcare or Power of Attorney for Property. An amendment to a Will is called a Codicil and requires the same formality of execution as the original Will. As a second and separate document it can easily be misplaced, lost and possibly create confusion regarding the intent of the testator. Many attorneys recommend an entirely new Will when change to the prior Will is needed. A new Will revokes the prior Will and contains the intent of the testator in a single document.
Answered on Jun 04th, 2015 at 11:50 AM
Wills are inferior to trusts. They should have a trust (which can be for both of them) and pour over wills into the trust. This costs $500-$1000.
Answered on Jun 04th, 2015 at 11:26 AM
Any attorney can assist in revising the estate planning documents.
Answered on Jun 04th, 2015 at 11:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is not a big issue to take the base documents to a new attorney for revision.
Answered on Jun 04th, 2015 at 11:16 AM
Thomas Edward Gates
Any estate planning attorney can draft the will. Bring the old one to your meeting with the attorney. While it is possible amend a will, more often that not it is better to just draft a new one.
Answered on Jun 04th, 2015 at 11:08 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Any estate planning attorney can do an update or start over.. it actually costs about the same. .a update is many times a full estate plan simply re-titled as an amendment to the original
Answered on Jun 04th, 2015 at 11:07 AM
If the changes to the wills are minor, your parents can add a codicil describing what they want to have happen. If the changes are major, it's probably best to start over. The Power of Attorney documents should probably be completely redone so that all the details are in one document that can easily be produced in case of emergencies.
Answered on Jun 04th, 2015 at 10:52 AM
3 Awards
They should have an attorney review what they have and discuss what they are trying to achieve. If they the copies or originals an amendment will be possible, if not they may need to follow state revocation laws and start over. They need to consult an estate planning attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 04th, 2015 at 10:49 AM
They should schedule an estate planning review meeting with an attorney who specializes in estate planning.
Answered on Jun 04th, 2015 at 10:37 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Find an attorney with experience in drafting wills and powers of attorney to review and amend these documents.
Answered on Jun 04th, 2015 at 10:36 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain for your parents a new probate attorney who can review the documents you have to make consult with your parents re the changes needed for the documents you refer to. Realize your parents are the clients and not yourselves; so the attorney will need to meet your clients without your presence unless they sign a waiver of confidentiality.
Answered on Jun 04th, 2015 at 10:26 AM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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It would make sense to contact a new attorney to have them reviewed. Some attorneys may do a codicil to the existing will; others will merely draft a new one.
Answered on Jun 04th, 2015 at 10:21 AM