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How to write final amendment to a will?

San Diego, CA |

The person who is dying needs to change details of his will. His paid off home is to be sold by his lifetime companion X and and the profit to be split 50-50 between X and Y (family of dying person) after his death. How do I write such amendment to the will?

Attorney Answers 4


  1. You hire an attorney to assist you, otherwise you risk making a big mistake either in the language used or the execution of the document. Just having a will in CA also could be catastrophic in terms of unnecessary costs of probate depending on the size of the estate. There are many wonderful CA estate attorneys who will do "death bed" wills and make sure you do it right. You are talking about a major asset with a home, so there is no sense in doing a shoddy job.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. Attorney Zelinger has given you excellent advice. An attorney can help you determine if a Will is the best planning option for you. Trying to avoid probate might make sense. You cannot do that with a Will. You also need to have a durable power of attorney form, in case the person in question becomes incapacitated. This is important enough to make sure that it is done properly. Otherwise, there could be a big expensive mess, down the road.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  3. While I believe the prior two answers were very well stated, I also think you need to remember that, at least in most states, only a lawyer can prepare and draft legal documents for another person. You are talking about drafting language for a Last Will & Testament for a person who is dying. Assuming you are not a lawyer, you could be setting yourself up for prosecution for Unlicensed Practice of Law charges. This is a drafting job that should be left to a trained, licensed, professional attorney. The problems that can be caused by writing (and executing) this clause and Will improperly are far too numerous to list. Plus, if a lawyer screws it up. at least there is somebody for the beneficiaries to hold responsible.

    The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.


  4. Based on this persons circumstances and the content of the amendment, this person would greatly benefit from consulting directly with an San Diego attorney for drafting the amendment after counseling, assuming this person also lives in the county. Wills have certain requirements in both the formation of a will and an amendment of a will. Therefore, to confirm that the person's desires are correctly recorded, it would be best to seek out an attorney's office for this.

    Readers should not rely upon this information for any purpose without seeking legal advice from a licensed attorney in the reader’s state.

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