QUESTION
How do I remove a name or a deceased person (niece and her heirs) from my will and revocable living trust?
Asked on Dec 05th, 2013 on Estate Planning - Michigan
More details to this question:
Can I cross out the name and initial it on my original documents?
15 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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No. You should not mark up or cross out the will in any way. Instead, you should make a codicil to the will and make the changes you wish. You can make a trust amendment to make changes to the trust. If the you should make more significant changes, it would be a good idea to make a new will or restate the trust.
Answered on Dec 11th, 2013 at 4:46 AM
No, you should not simply cross them out. You should make an amendment. And attached it to the will. Recall that the will has no validity until probated. You can change the trust by an amendment.
Answered on Dec 11th, 2013 at 4:45 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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Generally no, formalities must be followed for the changes to be effective. Never alter an original will. That could void it.
Answered on Dec 11th, 2013 at 4:15 AM
Edwin K. Niles
NO! Prepare and execute properly an amendment.
Answered on Dec 09th, 2013 at 7:53 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You cannot change a Will in that manner. A new Will or a Codicil amending the Will is required. Formal execution with witnesses is required. A trust does not require the same formality but as an important document should be amended in a way that does not open it to collateral attack. Assuming the trust permits amendment, a written amendment identifying the deletions and other changes that flow therefrom should be prepared. It should be executed in the same manner as the original trust.
Answered on Dec 09th, 2013 at 7:53 PM
2 Awards
Yes you can, but it would be best to at least have it notarized and possibly include a letter stating why you are making the change in order to make sure that your wishes are not challenged.
Answered on Dec 09th, 2013 at 7:53 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No you must redo the documents or do a formal addendum.
Answered on Dec 09th, 2013 at 7:52 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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With the will, definitely not. Do a new will. No change to the will is valid unless signed by you, and your signature is witnessed by two people. You can't change your will by marking on it, but you might inadvertently revoke it. If you are using a revocable living trust, a major change like this is a good time to see an estate planning attorney and have the trust reviewed. There have been huge changes in tax laws in the past two years, after huge changes in the five years before that. Many trusts were drafted under old laws and do not work at all now. This is your chance for a mid-course correction.
Answered on Dec 09th, 2013 at 7:52 PM
You need to do a codicil (amendment) to the will and an amendment to the trust.
Answered on Dec 09th, 2013 at 7:52 PM
If you are making significant changes in a will, it's always best to start over and draft a new document.
Answered on Dec 09th, 2013 at 7:52 PM
Yes as to the Trust and definitely no as to the Will. Any mark on the Will can be interpreted as the whole Will is revoked. You must make a new Will.
Answered on Dec 09th, 2013 at 7:52 PM
Thomas Edward Gates
You do not have to remove the name. When executed, it is as if the deceased was never listed.
Answered on Dec 09th, 2013 at 7:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should seek the assistance of a estate planning lawyer to amend both documents. Crossing out and initialing renders the whole document ineffective, which I believe is not your intent.
Answered on Dec 09th, 2013 at 7:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No, you should never cross out provisions in your documents, because this could inadvertently be considered a revocation of the documents. It is possible, if the documents are properly worded, that nothing needs to be done, at this time. The documents should clearly state what happens if the named beneficiary is predeceased. If it is not clear what happens, you should contact your attorney and clarify this issue. It is relatively rare that this would require amended or new documents.
Answered on Dec 09th, 2013 at 7:52 PM
It is better to prepare a codicil [attachment] stating why you are removing them so there is no question as to whether those are your initials.
Answered on Dec 09th, 2013 at 7:52 PM