Legal Question in Wills and Trusts in Louisiana

change of existing will

my wife an i have a will that was written i la. we have been living in. for 12 years, we will retire in la. i two years, would like to change the executorof wills can we do this by writing a statement and just having it notarized, also take the name of the attorney that wrote the will off of the will as the attorney that will handle the probate at our death'

thanks


Asked on 10/27/01, 4:03 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: change of existing will

During the time you are a resident of Indiana, you may change your will in any manner so that the changes are signed and witnessed in the same way your will was signed and witnessed. Notarized statements will not do it. Unless you want to completely discard the will and start over with a new document, it is customary to execute a codicil. So long as the document (the wil and the codicil) are executed in the manner required by the State of Indiana, it will be valid wherever you ultimately reside. If you decide to wait until you move to another state to execute a new will or do a codicil in that state, you will need to follow the procedures of that state for the validity of the execution of the new document. Your will should not appoint an attorney who drafted it to be the attorney to handle the estate, as this type of provision is not considered as binding by the Courts.

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Answered on 11/25/01, 12:06 am


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