An Old Will is Worse Than No Will

Years ago you may have gone to an attorney and paid for an "estate plan" that contained, among other things, a will and perhaps a trust. If time has passed and you have not updated or reviewed these documents, you and your heirs may be in serious trouble. As time passes, people change - some die, some are born and others have life changing experiences like divorce, remarriage and disability.

An old will or trust may end up doing more harm than good. Especially if the document fails to reflect all of the changes that have occurred in the family. What if the person named as personal representative of the estate or trustee of the will is no longer living? Or what if that person is unable to serve or has moved to a distant state? A will or trust is not a static document. It cannot be left unattended for years without severe consequences. There is nothing that makes a probate attorney cringe more than having the heirs haul out an outdated will.

Under the probate law, outdated or not, the Court must take into account the wishes of the decedent, even if it means leaving money to a former daughter-in-law or even a former spouse. There are few things more calculated to cause disharmony in a family.

If you find yourself without a will or trust or one that is woefully outdated, please call me at Jackson White. I would be glad to review your documents and make appropriate suggestions. I am sure that you will find that the cost of our services is more than reasonable.

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