Legal Question in Wills and Trusts in Illinois
I want to change the name of the executor of my estate. Can I do this on my own, signed by a notary, or do I need to invest in attorney fees for this simple amending of my estate?
2 Answers from Attorneys
I assume you are alive and referring to your will. Changing a will requires the same formality as when it was originally prepared. An attorney can prepare a simple amendment, called a "codicil," at modest cost. At that time, the remaining terms can also be reviewed to assure that everything remains in order.
So long as you have your wits about you, you can change your own estate plan any time you desire. However, be careful. This is one area where a "do it yourself" option may seem attractive, but result in penny wise pound foolish results. Any change to your will, whether a new will or a codicil to an existing will, needs to be signed with the same legal formalities required for an original will: at least two independent witnesses, a self-proving affidavit signed by the witnesses, etc. See a lawyer if it's important to you to get it right.