Legal Question in Wills and Trusts in California

Re: How do you make a personal codicil to an existing layer-drawn will?

A codicil is basically an amendment to the will, and requires the same formalities as a will. That is it must refer to the original will, specifically address the changes, be signed by the individuals who made the original will, and witnessed by two disinterested parties.

Depending on how much property you have, you may want to consider establishing a trust to replace the will. They are considerably more reliable, and could provide considerable savings later on by avoiding probate.

Re: How do you make a personal codicil to an existing layer-drawn will?

A lawyer is not legally required. doing it yourself is a great way to save $25. You write it up describing the exact changes you are making. Keep your fingers crossed though, if you dont do it right it might not be legally valid.

Re: How do you make a personal codicil to an existing layer-drawn will?

Ken Koury is right. And I don't want his message to get lost in his dry humor. You really do only have to pay $25.00 for this codicil you need. Please pay the $25.00 and get it done right. As to his other idea, which is the living trust, your family should really try to organize around this trust and pay the money to get it drafted, funded and administered. You really do not want to go into probate. You really do want one of your family members to be able to take the living trust down to the bank upon the death of your loved one and just get the estate turned over to him or her so that it can be distributed according to the terms of the trust.

If the family is dysfunctional and the family members do not trust each other enough to talk about the affairs of an elderly person then the family needs to get functional. That's all. Grow up, talk about things and get things straight. Don't try to cut any family member out using greed and ruse. You just have to be fair and grow up. Get the trust done and have it agreed upon by the interested family members.

But if Mr. Koury and I cannot talk you into the trust, then at least get an attorney to type up the codicil you are talking about.