Legal Question in Wills and Trusts in Massachusetts

Guardianship change

Hi, my sister needs to change the guardianship in her and her husbands existing will but wants to avoid unneccessary costs. Money is tight for them. Is an attorney absolutely needed to make this change? What is the procedure exactly? Thanks so much for responding.


Asked on 11/28/00, 3:19 pm

1 Answer from Attorneys

Re: Guardianship change

To change a will is something that must always be done by an attorney if the results will matter. (A will for someone who leaves nothing may as well be changed by anyone and in any fashion.)

The primary reason is that there are detailed and extremely precise execution requirements, not to be trifled with. My checklist on that subject alone is 6 pages of fine print in my notes.

The selection of guardian in the will is somewhat precatory. Children are not chattels. That suggests a cheap way to get a good effect. However, a lawyer ought to determine if they ought to do that. Why do they want to change the guardianship? If the rich uncle who was named guardian before turns out to be the last person on earth they want to send their children to, they'd better do it correctly to avoid a nasty court battle or an undesired result.

Also, I don't konow (and you might not either) if "guardian" is what you mean. Who is the excecutor? Is that going to change also? That can't be done the cheap way.

Why don't you have your sister write to me (or call). I'll want to know the reason for the change and to be sure of what they want. I'm not expensive. If I'm far away and they want someone closer, I can find someone competent that will help them for a reasonable rate anywhere in Eastern and Central Massachusetts.

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Answered on 11/30/00, 1:29 am


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