Hartford estate planning attorneys can provide assistance with the creation of an original estate plan if you do not yet have a plan in place already to protect your wealth and to provide for your loved ones. The help that Nirenstein, Horowitz & Associates provides, however, extends beyond just assisting you with taking the initial steps to control your future and to control the destiny of your family by creating an appropriate estate plan. Our legal team can provide you with guidance and advice any time you wish to change your plans, including in circumstances where you want to modify or update a last will and testament.
If you are thinking about updating an existing will that you have, it is important that you not try to do this process yourself without any guidance from an attorney. Making an updated will can be complicated and any mistakes made during the drafting of the revised will could either give rise to a will contest and/or could result in the most-current revised will not being considered valid by the probate court.
Avoiding any of these undesirable outcomes is something Nirenstein, Horowitz & Associates can help with, as our firm will provide appropriate guidance while you move forward with changing your will.
Why it’s Important to Get Legal Help When Updating a Will
When you have decided to update your last will and testament, you need to make sure that there are a few factors in place so your updates will actually be legally valid and so your new will can control what happens to your wealth.
One big issue: it can become complicated to determine which will that you have created is the most accurate and up-to-date one if you have multiple wills floating around. When you modify or create a new will, you will need to make clear that your new will is the most accurate and recent reflection of your wishes.
Confusion could still arise under certain circumstances regarding whether the new will is a complete replacement of the old one or is simply a supplement to a part of a prior version of the will that was created. You should try to make your preferences regarding the distribution of assets as clear as possible and Nirenstein, Horowitz & Associates can help you to make sure there is no confusion about what you actually desire for your money and property after you are gone.
Another concern is that there is a possibility the updated and revised will could end up being challenged during the probate process. There is always a chance that a will contest will occur during probate. However, since you may have interested parties who are not happy with their inheritance in the revised will versus in the initial will, it may be more likely these individuals will try to argue that the newest will was made under duress or was made when you were not of sound mind and thus the will should not be probated. If someone in your family is able to successfully argue you failed to follow formalities in creating the will, or if someone who is contesting the will can show that you were not actually making the updated will of your own volition and while of sound mind, then there is a very real possibility the will won’t be probated.
An attorney can help you to make clear that you’re acting on your own and modifying the will because you want to and not because anyone is forcing you to do so. We will do everything necessary to help ensure your will is a valid one and that your decisions within it control what happens to your wealth.
Getting Help from Hartford Estate Planning Attorneys
Hartford estate planning lawyers will closely work with you to make an updated version of your will that is a true reflection of your wishes and that is likely to be enforced. We can also help you to explore other tools, such as trusts, which could be more beneficial than simply creating a last will and testament if you wish to reduce the chances of a successful contest of your wishes, if you would prefer more control over an inheritance or if you wish to try to reduce or join us for a free seminar. You can also give us a call at 860-548-1000 or
contact us online to get personalized advice on making or updating your plan so it is a reflection of your wishes.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
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