Legal Question in Wills and Trusts in Missouri

My parents have a will that states each other will inherit the other's half of assets, then when the surviving spouse dies, the children & their descendants split the remainder, if any is left. I am the sole remaining child, my only other sibling died 5 years ago. His child has not been present in the grandparent's lives since then; he has declined contact several times. How can my parnets change their will? They consider the family tie broken & want to take off my brother since he is dead & the grandchild apparently doesn't want to be in their lives.


Asked on 6/10/10, 9:53 am

2 Answers from Attorneys

Richard Herndon Richard J. Herndon, Attorney at Law

Unless I'm missing something, it is very simple. Go to a lawyer and have the lawyer draft new wills stating their wishes as they currently exist. They new wills should contain a clause revoking the old will.

Do NOT try to change the existing will. This may well cause unintended consequences.

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Answered on 6/10/10, 1:13 pm
Michael R. Nack Michael R. Nack, Attorney at Law

It is very easy to change the existing Will, either by having an attorney prepare an entirely new Will, or prepare a Codicil changing only certain terms. But, it is important to have an attorney do this to be sure that it will be done correctly. It should not cost your father very much. Good luck.

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Answered on 6/10/10, 7:03 pm


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