If the lawyer who did my living Trust and Will has retired, does this present a problem for my heirs at the time of my death?

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If the lawyer who did my living Trust and Will has retired, does this present a problem for my heirs at the time of my death?

Concerning my Will and living Trust. My husband and son have passed away and both are in my Will. Should I have the will updated to reflect this and if so, do I have to do a complete new Will and Trust? Will states I inherited everything from my husband at time of his death (he died a few years ago) and at time of mine our 4 children will inherit equally (now only 3 children still alive). My estate is very small.

Asked on May 29, 2013 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your attorney retiring does not affect your estate plan. This can and does happen all of the time. However, since it has been several years since your Will and Trust were executed, you may want to have an attorney review them. The fact is that you have had a change in life circumstances (the unfortunate passing of one of your children) and this may necessitate the updating of your Will and/or Trust (either by an amendment called a "codicil" or by executing entirely new documents).

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

It is difficult to answer your question without actually looking at your Trust and your Will. In many cases, the Will and Trust are set up so your estate will be divided among your surviving children, simply leaving out any deceased children or spouses. So, it may not be necessary to create a new Will or Trust.

The fact that your attorney has retired, by itself, should not affect your heirs or their inheritance.


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