You can and should see another lawyer to write your new will or trust. If your current attorney wrote wills for you and your ex-wife together, then that lawyer cannot write a new will for you without first getting written permission from your ex-wife. To avoid any conflict and to avoid notifying your ex-wife that you are making a new will, you should seek the help of a lawyer who has not previously represented you as a couple.
When you write your new will or trust, it will replace the old one. Even so, you should destroy the old one after signing the new one.
Tonya R. Coles
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Nov 09th, 2011 at 5:20 PM