How could we update my parents will and power of attorney? 26 Answers as of June 05, 2015

My parents need to update their wills and Power of Attorneys but the attorney who created them is no longer practicing in the area. Do they need to start over or what is the process to have the documents amended?

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Stephens Gourley & Bywater | David A. Stephens
If they have copies they can have them updated by a different attorney. If they do not have copies they may have to start over.
Answer Applies to: Nevada
Replied: 6/5/2015
Ronald K. Nims LLC | Ronald K. Nims
Any attorney can amend a will without starting over. A power of attorney is usually a simple document that would be replaced at a low cost.
Answer Applies to: Ohio
Replied: 6/5/2015
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, the parents can update their documents on their own, or seek a new attorney/firm for the work. It is wise to consult an estate planning attorney to make sure the objectives are determined and can be met through proper planning. In a sense it is starting over because a new attorney will need to review the present documents to determine if they meet the parents' present objectives; otherwise the documents can be updated/"redone" without reviewing the current ones.
Answer Applies to: Maryland
Replied: 6/5/2015
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
The usual planning horizon for estate planning is 5 years. If it has been more than 5 years since the Will and POA was created, you should have an attorney review your estate plan. A review is more than producing documents: it is understanding your situations and what you want, designing a plan and then, creating the documents.
Answer Applies to: Oregon
Replied: 6/5/2015
Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
Your parents can contact another estate planning attorney, provide their existing plan to the attorney and they can decide how to proceed from there.
Answer Applies to: Illinois
Replied: 6/4/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Any lawyer who practices in the area of wills and trusts can help you.
    Answer Applies to: California
    Replied: 6/4/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    They should make an appointment with me or another lawyer, and they should bring the documents to the meeting with them (or copies).
    Answer Applies to: California
    Replied: 6/4/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    By creating a new will, there should be some type of statement in the later will saying all other wills are not valid or something to that effect, and the newer will be the will that will become the effective will. Or you can develop a codicil to the original will which is in effect an update to the will. However, there is also a chance that the codicil can be misplaced or not placed with the original will, so I recommend that a new will be developed. As long as it is executed properly, there should be no problem.
    Answer Applies to: Florida
    Replied: 6/4/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Just start over. By the time I have read and analyzed a will created by another attorney, so I know it well enough that I could draft a codicil to the will (which is how you amend a will), I've spent as much time or more than I would just creating a new will. Probate law doesn't change a lot, but it does change, so if your parents' documents are five or ten years old they're out of date anyway.
    Answer Applies to: Oregon
    Replied: 6/4/2015
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    If there only simple changes your parents would like to make on their will, they can execute a codicil to a will. If the changes are more complex or there are multiple changes, sometimes it is better to execute an entirely new will. If there are changes to their power or attorney, they would need to execute a new one. It is simple document that can be redone easily and cheaply. I am sure there are several attorneys in their area that specialize in estate planning that can assist them.
    Answer Applies to: Ohio
    Replied: 6/4/2015
    Greene Law Firm, P.A.
    Greene Law Firm, P.A. | David B. Greene
    We can either do a Codicil to the current will if the changes are minor, or, if there are major changes I would recommend that we do a new will.
    Answer Applies to: South Carolina
    Replied: 6/4/2015
    The Krone Law Firm, LLC | Norman B. Krone
    See an attorney to prepare new or amended documents
    Answer Applies to: Florida
    Replied: 6/4/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Any attorney can create such documents. The update of a Power of Attorney will revoke the prior Power of Attorney. New standardized statutory powers of attorney are in place and should be used for any change in a Power of Attorney for Healthcare or Power of Attorney for Property. An amendment to a Will is called a Codicil and requires the same formality of execution as the original Will. As a second and separate document it can easily be misplaced, lost and possibly create confusion regarding the intent of the testator. Many attorneys recommend an entirely new Will when change to the prior Will is needed. A new Will revokes the prior Will and contains the intent of the testator in a single document.
    Answer Applies to: Illinois
    Replied: 6/4/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Wills are inferior to trusts. They should have a trust (which can be for both of them) and pour over wills into the trust. This costs $500-$1000.
    Answer Applies to: California
    Replied: 6/4/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Any attorney can assist in revising the estate planning documents.
    Answer Applies to: Michigan
    Replied: 6/4/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is not a big issue to take the base documents to a new attorney for revision.
    Answer Applies to: Michigan
    Replied: 6/4/2015
    Gates' Law, PLLC | Thomas E. Gates
    Any estate planning attorney can draft the will. Bring the old one to your meeting with the attorney. While it is possible amend a will, more often that not it is better to just draft a new one.
    Answer Applies to: Washington
    Replied: 6/4/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Any estate planning attorney can do an update or start over.. it actually costs about the same. .a update is many times a full estate plan simply re-titled as an amendment to the original
    Answer Applies to: Michigan
    Replied: 6/4/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If the changes to the wills are minor, your parents can add a codicil describing what they want to have happen. If the changes are major, it's probably best to start over. The Power of Attorney documents should probably be completely redone so that all the details are in one document that can easily be produced in case of emergencies.
    Answer Applies to: Nebraska
    Replied: 6/4/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    They should have an attorney review what they have and discuss what they are trying to achieve. If they the copies or originals an amendment will be possible, if not they may need to follow state revocation laws and start over. They need to consult an estate planning attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 6/4/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Just contact an attorney who handles these matters and have him review the current documents with you and then he can do what is appropriate.
    Answer Applies to: New York
    Replied: 6/4/2015
    Attorney At Law | James G. Maguire
    Find an attorney with experience in drafting wills and powers of attorney to review and amend these documents.
    Answer Applies to: Louisiana
    Replied: 6/4/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    They should schedule an estate planning review meeting with an attorney who specializes in estate planning.
    Answer Applies to: Colorado
    Replied: 6/4/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain for your parents a new probate attorney who can review the documents you have to make consult with your parents re the changes needed for the documents you refer to. Realize your parents are the clients and not yourselves; so the attorney will need to meet your clients without your presence unless they sign a waiver of confidentiality.
    Answer Applies to: California
    Replied: 6/4/2015
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    There is no way to "update" a will or power of attorney. When people say that, they mean drafting a new document and destroying the old ones. You can reach out to an attorney to draft these new documents with the updated information.
    Answer Applies to: New York
    Replied: 6/4/2015
    Law Office of T. Phillip Boggess | T. Phillip Boggess
    It would make sense to contact a new attorney to have them reviewed. Some attorneys may do a codicil to the existing will; others will merely draft a new one.
    Answer Applies to: Illinois
    Replied: 6/4/2015
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