Legal Question in Wills and Trusts in New York

My Mom wants to make a slight change in her will leaving a little bit more money to me because I've been taking care of her for the past 3 yrs. If we type up a letter stating her wishes and then getting it notarized cover her in regards to her request. She doesn't have a huge estate, she just wants to show her appreciation for all the hard work, driving, cooking, etc., involved. I'm fighting her on this, but she feels strongly about it. So instead of traveling to her lawyer which is such a long drive and my Mom is in a wheelchair, we were wondering if doing it this way would suffice. Thank you for any help. Regards, Jane Costello

Asked on 9/03/12, 7:52 pm

3 Answers from Attorneys

Roman Aminov Law Offices of Roman Aminov

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What you are attempting to do is prepare a codicil to a will, which is not common, but may be advisable in certain situations. In order for a codicil to be valid, it needs to be executed in the same way that a deed is supposed to be, namely two valid witnesses. This is not something which I would recommend a client undertake on their own, however. Whether you should have a will executed or a codicil prepared depends a lot on your mother's state of mind. If you are interested in discussing this matter with me, I am available for a free phone consultation.

Answered on 9/03/12, 7:57 pm

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Yefim Rubinov Yefim Rubinov Attorney at Law

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Mr. Aminov gives a sound advice. I would recommend to prepare a new will. I believe it is always to have one document than two (will + codicil). If you are unable to visit your lawyer, then you may contact me to arrange a home visit.

Answered on 9/03/12, 9:03 pm

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