Upon reviewing your estate planning documents, you may notice some small changes that need to be addressed, but you may wonder whether you need an attorney to assist you. For example, what if you want to identify a new trusted decision maker?
It may be tempting to simply draw a line through the name of the person you want to remove and add the name of your new preferred decision maker. But first you should understand that certain legal documents may not be amended so easily. In fact, under certain circumstances, writing on a legal estate planning document can void the document altogether.
With such important changes, you should have the documents redrafted and executed with the same formalities that were used with your original documents, making sure to follow the applicable state law. For example, your state may require multiple unrelated witnesses to the signing of a new will, even if the new will contains only a one-sentence change.
The same is true for a codicil, or amendment, to your will. Similar formalities, such as having your signature notarized, may also be required with other documents—for example, a power of attorney or a trust amendment or restatement.
If you are not sure whether you will need an attorney to help you remodel your estate plan, call us. We are happy to consult with you and help you determine what changes, if any, you may need to make.