Legal Question in Wills and Trusts in Pennsylvania

my wife and i...married 49 yrs, have always...& continue to be on good terms.

we jointly made out a will yrs ago, naming our 3 married sons as beneficiaries....after my wife and i die.

I want to make a new will, in my name, naming my wife as beneficiary....and only one of my sons as beneficiary....after my wife dies.

problem

stan (in Penna.)

thank you


Asked on 10/08/10, 2:52 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

When you made a will "jointly", does that mean that you and she have one will for both of you? or that each of you has a will.

One person alone may not change a will that both persons have created in one document. To change it during the lives of both requires both to agree on changes. AFTER DEATH OF THE FIRST, IT IS ALMOST IMPOSSIBLE TO CHANGE THE WILL even if circumstances have changed that would make a change the only sensible thing to do. It is possible to seek court approval of a change, but it is very difficult and expensive.

Wills should be reviewed every few years, whether they are joint or separate wills - for all people. Over the course of your lives, situations change, and you should review your will documents and make appropriate changes. Besides changing beneficiaries [some children may have substantially greater resources than others, so it might make sense to leave more to the needier child[ren], unless they are incapacitated in some way]; an executor may have died or become incapacitated and another should be appointed via a new will; in the case of separate wills, if a spouse or beneficiary or child has become incapacitated or dies; etc.

Also, don't forget that you may die first.

If your will was made years ago, you also need Durable Powers of Attorney, Advance Health Care Directives, and Durable Health Care Power of Attorney.

Because "DIY" documents generally are not easily tailored to each person's needs, and because, without proper advice from an experienced estate lawyer, the signing may not be adequate and would render the documents invalid, you should definitely seek the advice and assistance of an experienced estate lawyer.

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.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/13/10, 5:36 am


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