can we make out a temporary will?
Philadelphia, PA
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Posted 6 months ago in Wills / Living Wills
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our entire family will be travelling overseas for a vacation. our children are our beneficiaries. can we make a temporary will with specific dates until we return?
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Answers (2)Theodore W. Robinson
This attorney is licensed in New York.
Posted 6 months ago.
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While I don't practice in your state, here is my answer. I suggest you check with an attorney in your state as well.
Whenever you draft and execute a Will, it is considered YOUR WILL and it is permanent - until you either revoke it or write a new Will. Therefore, if you write your Will and execute it, consider it your last Will and Testament and keep it intact until such time as you wish to change it. If you only keep it in place while you are away on vacation, then that's fine. If you return and choose not to change it, then that's fine too. Or if you choose to revoke it by cutting it up and/or buring it, that's fine too. If you are going to revoke your will or destroy it, keep in mind you need to do it in front of witnesses just the same as if you were executing your Will. Otherwise, how is anyone to know that you destroyed it? Again, check with a local attorney in your area. Good luck. Edward Joseph Smeltzer II
This attorney is licensed in Pennsylvania and 2 other states.
Posted 6 months ago.
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I've never seen a Will with an expiration date so my gut reaction is no you can't do a Will which by its terms is temporary. You can, as was previously pointed out do a will and revoke it upon your return which would essentially serve the same purpose. However, I would recommend you sit down with an attorney that specializes in this area and do a comprehensive estate plan which would include a Will that makes disposition of your property and contemplates not only the normal course of events (you passing before your children) but the extraordinary course of events (your children predeceasing you or you all passing in a common incident).
Very truly yours, Ed Smeltzer NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. |