Wichita Will Modification Attorney
Modifying Your Will Shouldn’t Be a Headache!
A will is a vital piece of the estate planning process. A will, living or otherwise, is how your family knows how to execute your final wishes. You knew how you wanted your affairs handled when you created your will. You understood your circumstances and had a plan for how your estate should be managed and distributed after you passed away.
But what if those circumstances changed? You may have recently divorced, and you would like to remove your former spouse from receiving any of your estate. If you have a living will and receive a medical diagnosis that changes the course of care you are comfortable with receiving, then you likely want to modify your will to update that information.
Either way, managing your will and updating it when things change is an important part of estate planning. Find out how The Law Office of Andrew Rowe can help you keep your will up-to-date and in accordance with your wishes!
When Should You Modify Your Will?
There are many circumstances that may make you, the testator, wish to change your will or revoke it entirely.
Change in Marital Status
When you get married or divorced, you will likely need to update your will. When you get married, you and your spouse should each create a new will to reflect your wishes. When you get married, you may wish to reallocate how your assets are distributed, allocating more to your spouse than to other beneficiaries. An updated will can reflect those wishes.
In Kansas, divorce automatically revokes any gifts or promises made to your former spouse in your estate planning. However, you should still update your will to reflect your wishes after a divorce, either removing your former spouse from your will entirely or declaring any assets you would like to be given to them, even though you are divorced.
An Unmarried Partner
If you and your partner are not married but would like to designate assets you would like awarded to them after your death, be sure to create a new will declaring how you would like your assets distributed. This is particularly useful for people who do not intend to marry but are in a committed relationship with each other. It is important to update your will to reflect your intent.
New Family Members
When you have children, adopt a child, or stepchildren join your family, it is important to update your will. You will need to name them as beneficiaries, allocate assets, and outline property division for them. While Kansas follows the laws of succession if you die intestate, it is in the best interest of your children and stepchildren to update your will. If you have minor children, you will need to include guardianship in your will to dictate who will gain child custody should both parents perish and if there is a trust to offer child support.
Moving To or From Kansas
When you move to a different state, it is important to update your will to reflect the laws of that state. We would like to welcome you if you’re moving to Kansas!
Your Assets Change
When using percentages to divide your assets amongst your beneficiaries, you will not need to change your will to reflect a change in your assets. However, suppose your will mentions a specific gift you would like to leave to a beneficiary, perhaps a collector vehicle, and you no longer own that vehicle. In that case, you will need to update your will to reflect the change.
The same is true if you gain a new, substantial asset, such as a piece of property.
Of course, there are many reasons a person may choose to change their will. You are allowed to change your mind about beneficiaries and the assets you would like to gift them. You can disinherit someone, even if they were once a beneficiary of your estate. To do so, you must update your will to reflect your wishes.
How Do Trusts Impact Your Will?
You may choose to create a trust and transfer assets from your to that trust in an effort to make the probate process easier for your family. It is important to remember that your will can not list any assets or property that are currently governed by a trust.
If you create a trust and transfer any assets or property that are covered by your will to it, you will need to modify your will. This is why forming a long-lasting relationship with a talented estate planning attorney is important; they will have knowledge of your estate planning and how your assets are being handled and then assist you with creating wills and trusts that remain in state compliance.
How Do You Change Your Will?
The best way to modify your will is by first revoking the old one and making a new one. Your new will can have a specific section where you can make a statement that all prior wills are revoked, and this language is often sufficient to revoke previous wills.
You may still wish to collect your old wills and destroy them to ensure there isn’t any confusion.
You can also create an amendment to your current will called a codicil. A codicil is a separate legal document containing the modifications you would like to your current will. This is a valuable tool if you would like to make a simple or small change to your will without making a new one.
Some states require that a motion be filed in court when modifying your will. Kansas is not one of those states, but it is something to remember when leaving Kansas and changing your will.
Why Would You Modify a Living Will?
While a will doesn’t go into effect until after you die, a living will goes into effect should you become incapacitated or unable to make medical decisions for yourself. A living will can guide your family and health providers, helping them make important decisions on your behalf. Some reasons you may choose to modify your living will are the same as modifying any other will, such as divorce or a change in marital status.
Because living wills concern your healthcare, if your medical conditions change, you may decide to change your living will to reflect the changes and treatments you are comfortable with receiving. Likewise, suppose your personal beliefs change, either because of religious beliefs or personal beliefs. In that case, you may wish to update your living will so your family knows the proper healthcare you would like administered.
Do You Need an Attorney to Change Your Will?
While it is not necessary to hire an estate planning lawyer when changing your will, there is a certain peace of mind gained from knowing a lawyer with extensive experience assisted you with changes to your will, both major and minor.
The Law Office of Andrew Rowe represents clients and offers many estate planning services, from the creation of your will to the execution of your final wishes. If you are looking to create your first will or need to modify an existing will, we can help you. If you have a substantial estate and you are wondering how you can modify your will to reflect your wishes, you should call 316-330-4110 to schedule a consultation and learn how the expert guidance of The Office of Andrew Rowe can help you with your will and other related practice areas!