Do I need a lawyer to change my dad’s New Jersey will?
Posted on Fri Oct 9, 2015, on Estate Planning
From our “Ask a Question” Mailbag: Changing an Existing New Jersey Will
Most Recently Updated July 22, 2018.
“I am the executor of my Dad’s will (he is alive and living in Atlantic County). I would like to make a minor change to his will. My Dad agrees to the change. Do I need a lawyer to change the will?”
Changing an Existing New Jersey Will
Each competent person over the age of 18 can have a will, but only that person can change or modify the will. Your dad is free to change the will if he is still competent. The Executor is the person who carries out the terms of the will after death, so right now you have no power to do anything, especially make changes.
What You Need to Know
Given your question, if the change benefits you over the other heirs, you are setting yourself up for a Will Challenge, lots of angry family members and lot of expensive litigation. Your dad should contact an experienced New Jersey Estate Planning Lawyer—without you being involved in any manner—and have that attorney make the change.
If your dad cannot do this on his own, he may not be competent to change the will. A neutral Atlantic County Estate Planning Attorney will make the changes and then be able to testify that your dad was competent and not under undue influence to make the change. If you are not involved in that process then it will reduce the chances of a Will Contest.
More Planning Questions?
Changing existing wills is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.
In Conclusion:Changing an Existing New Jersey Will
I hope that this article was helpful in explaining how to change a will. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!
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Tags:Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, New Jersey