WHEN TO CHANGE A WILL
Clients often ask us when
it is appropriate to make a change in the
provisions of their wills. The following is
a brief listing of when you might want to make a
change to your will.
1. Marriage:
A new, post-will spouse can take a share of the
estate if not mentioned in the will.
2. Separation:
If a person dies while separated from thier
spouse, their separated spouse will still receive
their share of the estate under the old will, or
their intestate share if there is no will.
To avoid this, a new will would need to be
prepared disinheriting the separated spouse.
3. Divorce:
The will is revoked as to a divorced spouse, so
former provisions for the spouse may pass as
residue or by intestacy.
4. Death of
Spouse: Major tax consequences to
estate plan of family may require revision of the
plan.
5. Birth of New
Child: Failure to name or provide for
all children entitles omitted child to take an
intestate share of the estate. One can
disinherit children, but this must be
specifically stated.
6. Change in
Personal Representative: You may want
or need to change the executor, trustee or
guardian named in your will. The named
person may be too old to serve or no longer be
close to the family.
7. Change in
Financial Condition: You may want to
give more or less wealth to more, different, or
fewer people, and review and revamp your tax
strategy.
8. Change in Law:
The laws may change and you can change your
estate plan to make the law your friend rather
than your adversary.
The above list gives
several reasons for changing your will. We
recommend that your review your will and estate
plan annually, to see if the provisions you made
are still applicable. Please feel free to
set an appointment with one of the attorneys at
MOGREN, GLESSNER & ROTI, P.S., to review your
will and estate plan.
Our firm consist of three
lawyers, Peter W. Mogren, Ronald E.
Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and
probate, and personal injury.
Please click on the topics above for
details about these areas of practice,
including wills, Community Property
Agreements, Durable Power of Attorney,
and probate.
Our firm is conveniently located
in Renton, King County, Washington, just
off the freeway at the intersection of
I-405 and I-167. Our attorneys
represent clients throughout the State of
Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue,
Auburn, Maple Valley, Federal Way, Des
Moines, Burien, SeaTac, Enumclaw and most
of south King County.
The free
information contained in these pages
is not
intended to be legal advice, and does
not create an attorney-client
relationship. You should always
consult with an attorney before
taking any action.
