Legal Question in Wills and Trusts in New York

Re: Are executives necessary for a will?

Your will should probably be updated. If you are at all computer literate, there are many forms available that you can prepare yourself.

Re: Are executives necessary for a will?

Who did you name as the Executor(s) under your exsisting Wills? You probably named each other as Executor. Did you name an alternate or successor executor?

I would suggest that you do update your Wills to name one or more of your children as successor Executor. It may be that which ever spouse survives the first to die may not be capable of acting as Executor. You will then want one of your children to act.

Also, this may be a good time to review or execute your Health Care Proxy, Power of Attorney and Living Will.

Generally, Wills should be reviewed every 5-10 years. Laws change that may impact on your Estate planning.

For more information please contact me @ (716) 856-4022. Thank you.

Re: Are executives necessary for a will?

You can either do a Codicil updating the Executors to name your local adult children and deleting the reference to Guardians, or do a new Will making these changes. However, on the possibility of having grandchildren and the possibility that a child could predecease you, with or without children, I suggest doing a new Will to cover these contingencies. If you need assistance, you can contact me and I can help you, including writing the new document.