Legal Question in Wills and Trusts in Pennsylvania
Change an Original Will
My husband and I made a Will in 2007. Several months later he died. Instead of waiting at least 6-8 months to do a Will for myself, I made it a about a month after his death which I was not thinking too clear at the time. The Will we made together had most of the money going to his grandchildren. When I redid the Will I left his grandchildren in the Will because at the time I was just not thinking clearly. Almost two years later, I would like to change my Will and have the grandchildren removed from the Will. They are his from his first marriage and the grandchildren have no contact with me. Can I just have a whole new Will made? or must I do a codicil?
4 Answers from Attorneys
Re: Change an Original Will
You can always just write a new will. Generally, that's the preferred way of changing an existing will.
{John}
Re: Change an Original Will
Your husband's will could only have been changed by him. After he has died, the will cannot be changed by anyone. His estate must be administered in accordance with his will.
You may always change your own will. You must write a new will to do so. If marks such as crossing words out or writing new words were made on the original will, those marks will invalidate the old will. The estate will pass as though there had been no will, and will go according to state law.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
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Re: Change an Original Will
The better practice is for you to make a new will rather then a codicil.
Re: Change an Original Will
I would start from scratch...
I can send you a simple Will Questionaire to fill out, then I would discuss matters with you. To draft a simple will for you would be very inexpensive and I offer an AARP discount. Please reply if you want me to send the questionaire.
Mike