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Does mom need to go through the expense of re-writing her will?

My mom made out her will several years ago, since then my oldest brother has passed away. The three remaining children are very agreeable to splitting the estate evenly between us. Does she need to go through the expense of writing a new will?
Status: Open    Feb 23, 2016 - 05:57 PM

Elder Law > Estate Planning

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Mar 01, 2016 - 08:32 AM

You will have to read the will and note whether there is a provision in case the older brother predeceases the other siblings. His share may be going to his heirs or not. First read the will, and if you have any quesions, you should consult with a qualified attorney. It may be modified by an amendment, or a new will may be preferable. Obviously, someone will have to bear the exense.

Mar 01, 2016 - 03:58 PM

Maybe maybe not. It depends how it was written. Have a local attorney do a review and see if its necessary. There may be back up plans written in to the will already.

Mar 03, 2016 - 12:51 PM

It depends. Usually a Will provides what happens on the death of a named beneficiary. If it does and she is agreeable with the new results there is no need to write a new Will. There may be other reasons to update a Will and I would recommend taking it to an attorney in your area to see if they would be willing to review it and make any recommendations as to a change. Some attorneys may do such a review for no charge.
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