Legal Question in Wills and Trusts in Colorado
my brother and his former wife were listed as guardians for our children. he is now remarried. do i need to do a new will or can i just make handwritten changes?
1 Answer from Attorneys
Any codicil (an amendment to a Will) should be done with proper formalities concerning signing, witnessing and notaries. If your Will is typed, then you shouldn't do a handwritten codicil. Additionally, it is easier to do a new Will. This is because the original Will and all codicils must be read to determine your wishes. With a new Will, only that document need be read.
One more thought, you may wish to create a separate Statement of Guardian(s) and have that match whatever you are doing for guardians in your Will. The Statement of Guardian(s) can than be used if necessary if you are out of town. Remember that your Will is only helpful if you are dead. The Will has no validity during your lifetime.