If I want to change my Will, what do I need to do besides getting a lawyer?

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If I want to change my Will, what do I need to do besides getting a lawyer?

How do I go about leaving my estate to only 1 of my 3 children? I am 81 years old and in the beginning stages of Alzheimer’s disease. The child I want to be sole beneficiary has a history of mental illness. She has been taking care of me after a surgery, lives in my home with me and takes very good care of me. I’m afraid the other 2 children will challenge my new Will.

Asked on August 3, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Because of the situation regarding your mental health it is important that you specifically disinherit your other children from the Will, mentioning them and the reasons that you are doing so.  I might suggest that you seek help from an estate planner and not just an attorney.  It may be a good idea for you to place your home and assets in to a trust for the benefit of your child becuase of her history.  This way if she has to go on assistance at any point the assets can not be counted to her detriment.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Because of the situation regarding your mental health it is important that you specifically disinherit your other children from the Will, mentioning them and the reasons that you are doing so.  I might suggest that you seek help from an estate planner and not just an attorney.  It may be a good idea for you to place your home and assets in to a trust for the benefit of your child becuase of her history.  This way if she has to go on assistance at any point the assets can not be counted to her detriment.  Good luck.


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