Legal Question in Wills and Trusts in Delaware

Pertaining to the execution of a will
I have a will that was made in 2002 (?) that names PERSON 1 as my executrix (sp) and the guardian of my children in the event that PERSON 2 is unable to care for them. The kids are the sole recipients of my estate but it is to be put into trust and then doled out as they turn 25 and 30 with PERSON 1 being the trustee.

Now, I need to write a codicil (again, not sure if I am spelling it right) stating that:
- Executor - Name Removed (Dad)
- Trustee for kids - Name Removed (Dad)
- Guardian in the event of PERSON 2's death before mine - Name Removed
- I want CC to get a 50% ownership of XXXX Street (kids would get the other 50%)
- CC can have my stuff and distribute it as she wants

Now, can I just write something up, sign it and have it witnessed? I want to have it done before I go to Italy and then when I get back, we can do something more formal.

Asked on 3/30/07, 1:24 pm

Glenn Brown Real World Law, P.C.

0 users found helpful

0 attorneys agreed

Re: Pertaining to the execution of a will

As a rule I strongly suggest a new will rather than a codicil if there are multiple changes.

I don't know when you are leaving but you would be well served by executing a new will before you leave.

If you cannot get to an attorney do a new will laying out everything and get it properly signed and wittnessed.

If we can be of assistance let us know.

Enjoy your trip.

Answered on 3/30/07, 2:13 pm

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