Legal Question in Wills and Trusts in Connecticut

Can a modification to Will kit be made?

I have a question regarding

modifying a Will format that I'm

currently using.

I don't wish to specify how my

remains will be treated. I would

prefer for the executor to decide

upon my death. However, one small

section of the Suze Orman Will Kit

I'm using forces you to choose one

option and you can't bypass it, so I

just chose, ''My remains shall be

cremated.'' Once I print out the Will,

can I white out that line from that

page and then recopy the page?

If I delete that line, this will leave the

following phrasing:

''1.2 Personal Wishes. It is my desire

that my executor follow any written

directions left with this will regarding

memorial services. (The remains line

would normally go here.)

When I asked Suze's tech support

team they said that ''Unfortunately

we cannot ensure a quality,

moreover, legal document by

allowing users to edit the language.''

Also, I didn't plan on writing a letter

to the executor. Is it OK to just leave

section 1.2 as stated above?

Lastly, if I don't specify what to do

with my remains, does that task

automatically go to the executor and

he is to decide?


Asked on 2/14/09, 10:22 pm

2 Answers from Attorneys

Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Re: Can a modification to Will kit be made?

Out of curiosity, how much was the will kit? Depending on where you go and depending on what specifics you want done in your will it might have been cheaper to consult with an attorney. I know a lot of attorneys draft wills that do not discuss the disposal of remains for the reasons Atty. Subbloie previously mentioned. I have been offering that provision lately because I have had certain clients with unique requests. However, there is room to be somwhat creative in your will. Also make sure you have a living will. I think a living will can be more important that a last will in many cases. Please feel free to contact me for free consultation 203.870.6700.

Read more
Answered on 2/16/09, 12:09 pm
Linda Subbloie Linda A. Subbloie, Esq.

Re: Can a modification to Will kit be made?

Problems may arise if it appears the document was altered in some way. If you white out language and copy it, there shouldn't be any "spaces" that make the will look like that is exactly what someone did. Otherwise you leave open the chance of a will contest. You need to use your own judgment. There are no guarantees when you start altering type written forms.

Usually family members decide what to do with a person's remains. Many times people don't even think about looking for a will until after the person is buried or cremated. You can instruct the executor to manage your remains, but if you don't he/she has no power.

If you don't include a written letter, as the language states in the form you are using, then there are no instructions and the executor has no authority other than what the will states.

Read more
Answered on 2/15/09, 10:23 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Connecticut