Making a minor change in a will

spent2much · ‎03-10-2010

I had no idea where to post this, so I chose Community Chat. We would like to change the Executor of our will from our daughter to our son.

Our daughter moved many states away several years ago, whereas our son is still in our general area. It will be much easier for him to handle our affairs than it will be for our daughter, since he's quite close.

Is it a simple matter to make this change? Do we have to see an attorney, or can a Notary Public notarize the written change for us? I called a local attorney about this last year and he quoted me $2,000 to make this change. LOL The entire will only cost us $200 when we had it drawn up several years ago.

Thanks for any info.

ETERNITY: your choice... smoking or non smoking!

MarieIG · ‎03-10-2010

Perhaps a codicil could be added; but the witnessing requirements, etc., depend upon the state.

Is the lawfirm where the original will was drafted still operating?

In any event, a $2,000 fee is excessive for a "simple" will.

Do the math.

Nonametoday · ‎03-09-2010

@spent2much wrote:
I had no idea where to post this, so I chose Community Chat. We would like to change the Executor of our will from our daughter to our son.

Our daughter moved many states away several years ago, whereas our son is still in our general area. It will be much easier for him to handle our affairs than it will be for our daughter, since he's quite close.

Is it a simple matter to make this change? Do we have to see an attorney, or can a Notary Public notarize the written change for us? I called a local attorney about this last year and he quoted me $2,000 to make this change. LOL The entire will only cost us $200 when we had it drawn up several years ago.

Thanks for any info.

@spent2much

I really don't know but I understand there is a power of attorney form on line for states. I don't know about your state or if it is all states. But was also told that you can execute this and have it notarized. However, my bank no longer notarizes so I would probably have to get an attorney or someone who is a notary who knows me. My next door neighbor was once a notary but is no longer. I used to be back many years ago but no longer and even so, I would not be able to notarize my own family documents.

minkbunny · ‎03-09-2010

I work for a law firm and, like the earlier poster said, if the original firm that drafted your will is still in business, it would be very simple to open your file and revise your will. We don't even charge to do this, have done it often.

If not, a new attorney probably would not charge you more than an hourly rate to do this type of paperwork. I cannot imagine more than an hour - two at most - unless you have Warren Buffet types of assets to deal with.

patbz · ‎03-10-2010

Googled this and "Add a Codicil Revoke the existing clause in the original will that names the executor. Replace by adding a new clause, which makes the change. Known as a codicil, this legal document allows you to make a change while leaving the rest of the will to remain as initially created.".

This really isn't a big deal; don't you have garbage that indicates if your daughter can't serve, who your backup executor is?

MarieIG · ‎03-10-2010

@patbz wrote:
Googled this and "Add a Codicil Revoke the existing clause in the original will that names the executor. Replace by adding a new clause, which makes the change. Known as a codicil, this legal document allows you to make a change while leaving the rest of the will to remain as initially created.".
This really isn't a big deal; don't you have garbage that indicates if your daughter can't serve, who your backup executor is?

The will should contain that clause. I guess OP does not want to give DD the option.

Do the math.

NYC Susan · ‎03-13-2010

@spent2much wrote:
I had no idea where to post this, so I chose Community Chat. We would like to change the Executor of our will from our daughter to our son.

Our daughter moved many states away several years ago, whereas our son is still in our general area. It will be much easier for him to handle our affairs than it will be for our daughter, since he's quite close.

Is it a simple matter to make this change? Do we have to see an attorney, or can a Notary Public notarize the written change for us? I called a local attorney about this last year and he quoted me $2,000 to make this change. LOL The entire will only cost us $200 when we had it drawn up several years ago.

Thanks for any info.

When I wanted to do this, I called the attorney who had done my will, Advance Health Care Directive, etc. He quoted a fee, and I was able to negotiate down to a more reasonable fee. :-) If the fee had been more than I wanted to pay, I would have pursued other options. (There are ways you can do this yourself, but I would definitely check with an attorney before doing that to be sure any changes you make will be valid.)

vsm · ‎05-08-2010

State laws vary on this issue. See a lawyer, or your intentions may not be carried out when the time comes. Don't rely on a notary, a bank, google, or fellow posters on a shopping forum for advice on how to change such a critical document in a legally effective way.

NYC Susan · ‎03-13-2010

@Nonametoday wrote:
@spent2much wrote:
I had no idea where to post this, so I chose Community Chat. We would like to change the Executor of our will from our daughter to our son.

Our daughter moved many states away several years ago, whereas our son is still in our general area. It will be much easier for him to handle our affairs than it will be for our daughter, since he's quite close.

Is it a simple matter to make this change? Do we have to see an attorney, or can a Notary Public notarize the written change for us? I called a local attorney about this last year and he quoted me $2,000 to make this change. LOL The entire will only cost us $200 when we had it drawn up several years ago.

Thanks for any info.

@spent2much
I really don't know but I understand there is a power of attorney form on line for states. I don't know about your state or if it is all states. But was also told that you can execute this and have it notarized. However, my bank no longer notarizes so I would probably have to get an attorney or someone who is a notary who knows me. My next door neighbor was once a notary but is no longer. I used to be back many years ago but no longer and even so, I would not be able to notarize my own family documents.

Executor and POA are not the same thing.

And a notary doesn't have to actually know you. They just require ID, so they can verify your identity.

BirkiLady · ‎02-22-2015

If it's been several years, it is probably time to have the entire Will gone over and rewritten to include any changes in your life, family (marriages, births, divorces, deaths, additional property or income, etc.). I don't think $2,000 is high for making changes to a Will. Do it now and make sure it will be written exactly as you want it. Your family needs to know what you want and why; and they must also be in agreement before any document is signed.

Include your funeral/memorial arrangements and donations to charities, as well. All of you final wishes should be in writing with your attorney, broker and tax advisor so they are able to provide you with the best possible advice by working together (when advising you).

Money screams; wealth whispers.