How do I go about changing the name of my legal guardian on my will?

Question

I have a will and have named a legal guardian I would like to change that and name someone else. I would like to know if there is a way that I can do this change on my own and still have it be a fully legal binding document. I am a stay at home mom with not a lot of money.

Gerard Fierro · Answer

You can make an amendment or "Codicil" to a Will in the same manner that you executed the will. You will need to have at least 2 witnesses to the Codicil. You could also execute a new Will to make the change.

Edwin K. Niles · Answer

You can prepare an amendment. It is a valid holographic document if it is entirely written, dated and signed by you, no typing or printing.

Thomas Edward Gates · Answer

You can do a codicil to your will, but it is better to do a new will. Most County Bar Associations have pro bono service you might qualify for.

Brian Haggerty · Answer

First, the nomination of a guardian in your will (and I assume you mean a guardian for your children, if you pass away) is just your nomination, it's not binding on the court. The natural father will have the "inside track" at getting custody of the children. If someone is to get guardianship, they will have to petition the court to be named guardian. So, for this change only, it might be okay to create a new document that says, "I nominated X as guardian for my children in my will. I have changed my mind. I now wish to nominate Y as guardian." Sign that in the presence of two witnesses, at least one of whom will be able to appear in the guardianship proceeding. Date it. Keep it with your will. Do not make any marks on the original will. You can't change it by marking it up; you may revoke it. That's my suggestion. I haven't done any legal research, this is just an answer on a website. No lawyer-client relationship is created. Estate planning is not that expensive, and you might be able to find a lawyer in your area willing to let you pay over time. A good, lawyer-created estate plan is better, and since you'll be gone when your will needs to "speak," you want it to be right.

Georges Shers · Answer

Check out form the local library a copy of the Nolo Press book on estates and trusts and it will tell you how to make a codical to your Will. It is a simple process in which you mention the prior Will and state that you are changing the part as to who should be the legal guardian.

Ian Heyman · Answer

The safest way to accomplish this is to simply rewrite the Will, naming the new guardian, and revoke all previous Wills. Make sure to have the new Will executed properly and witnessed by disinterested witnesses.

Randall Romei · Answer

The Will should be redone with the name of the conservator changed and it should be signed in the presence of two witnesses who also sign the new will in the presence of you and the other witness. The execution of the new Will should be done in the same manner as the old, revoked, Will. After the new Will is fully executed the old Will should be destroyed. That is the best practice. It is possible, but more perilous, to change the existing Will by modifying it on its face. If this is done the modification must be done in the presence of two witnesses, you must sign the Will indicating you made the modification in the presence of the witnesses and the witnesses must indicate that they witnessed you make the modification, and signed the will in their presence and they signed the Will in your presence and the presence of the other witnesses. If the modification is not done properly it is ineffective and it could be interpreted to mean the entire Will was revoked. It is much better to merely retype the Will with the one change and arrange to sign the Will in the presence of witnesses and revoke the prior Will.

Mark Bredow · Answer

Yes. You may create an amendment to your will, called a Codicile (Cod - ih - sill). It changes parts of your will without changing all of your will. Or, you can create an entirely new will that replaces your old will. Wills are not difficult to create and an attorney should not charge you too much. Something as important as naming a guardian should not be delayed over a few dollars. Or, you may draft your own will and tear up the old one. Michigan law has a statutory will. It is a form that you may complete that is valid. I recommend that you consult an attorney to help you.

Victor Waid · Answer

Suggest strongly you obtain the services of a probate lawyer to draft an amendment to the ill, which will have to be witnessed as you sign, and a notary is not a proper witness.

Mark T. Peters · Answer

You could do a codicil. Why don't you call the attorney that did it originally and see if you can't get a deal on the price.

Christine James · Answer

You can cross it out and write in a new name sign the change and date it.

Jayne Sebby · Answer

At the time your will is read, you won't have any need for a guardian. However, if you are naming a guardian for your minor children or for a person who is not able to care for him/herself, then you can add a codicil to your will making the change. However, for something this important, I would recommend drafting a new will. It shouldn't cost much for the person who drafted your current will to pull up the document on his/her computer and substitute a new name.

Dara J. Goldsmith · Answer

You should call the attorney who made your Will for a simple codicil. It should not be very expensive.

James Maguire · Answer

You can do a handwritten amendment (called a codicil), and just change the name of the guardian.

John Brennan · Answer

Your legal guardian? The legal guardian proposed for your children? Yes there a simple and inexpensive ways to make such changes by codicil, but you really should seek counsel at least one more time as you appear a bit confused and really need to do this correctly to have your wishes honored.

Irwin Klein · Answer

You can execute a Codicil which is a modification/amendment to the original Will. This will accomplish your goal without having to redo your entire Will. However, a Codicil has to be executed with the same formalities as a Last Will and Testament. You should use a lawyer.

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