POLST, which stands for Physician Orders for Life-Sustaining Treatment, is a powerful tool for advance care planning. Known by different names in various states—such as MOLST (Medical Orders for Life-Sustaining Treatment), POST (Physician Orders for Scope of Treatment), or MOST (Medical Orders for Scope of Treatment)—POLST forms provide a clear, actionable medical order that reflects a patient’s preferences for end-of-life care. Unlike other advance directives, POLST forms are designed to be easily understood and followed by healthcare providers across different settings, ensuring continuity of care and adherence to the patient's wishes.

The POLST Process

What sets POLST apart from other advance directives is that it is both a process and a form. The creation of a POLST involves thorough discussions between the patient, their family members, and a healthcare provider—typically a physician, nurse practitioner, or physician assistant. During these discussions, the patient’s current health status, prognosis, and personal values are reviewed to establish clear medical orders for specific situations. This collaborative approach ensures that the POLST form accurately reflects the patient’s desires and is medically appropriate.

Key Components of a POLST Form

POLST forms are comprehensive, covering various aspects of medical care in a structured and detailed manner. While the specific elements may vary slightly by state, most POLST forms include the following sections:

• Patient Information: Essential details such as the patient’s name, date of birth, and identifying information.
• Cardiopulmonary Resuscitation (CPR): Clear instructions on whether or not the patient wishes to receive CPR if their heart stops beating or if they stop breathing.
• Medical Interventions: Preferences regarding the level of medical intervention, ranging from comfort measures only, which focus on palliative care, to full treatment, which includes intensive interventions like mechanical ventilation.
• Artificial Nutrition: Directives on whether the patient wants to receive artificial nutrition and hydration, such as feeding tubes or IV fluids, if they cannot eat or drink on their own.
• Documentation of Discussion: Information about the discussions between the patient, their healthcare proxy, and the healthcare provider, providing context for the orders on the POLST form.
• Signatures: The form must be signed by both the patient (or their legal representative) and the treating physician or advanced practice provider, making it a valid medical order.
• Date: The date when the form was signed, ensuring that the orders are current and relevant.

Comparing POLST with Living Wills and Health Care Proxies

While living wills and health care proxies are crucial elements of advance care planning, they serve different functions compared to POLST forms. A living will outlines a broad philosophy of care and specifies the types of medical treatments a patient prefers or wishes to avoid, particularly at the end of life. Health care proxies appoint an individual to make medical decisions on behalf of the patient when they are unable to do so, providing flexibility in decision-making based on the patient's known wishes and the specific circumstances.

In contrast, POLST forms translate these preferences into immediate, actionable medical orders that must be followed by healthcare providers. This direct applicability makes POLST forms particularly effective in ensuring that the patient’s wishes are respected in real-time, especially during emergencies or transitions between care settings. Unlike living wills, which may require interpretation and discussion among medical staff and family members, POLST forms provide clear-cut instructions that leave little room for ambiguity.

The Role of POLST in Specific Medical Conditions

While POLST is beneficial for anyone seeking to clarify their end-of-life care preferences, it is particularly impactful for individuals facing specific medical conditions.

• Advanced Cancer: For those with advanced cancer, POLST can be a guiding light. It allows patients to express their wishes regarding resuscitation, mechanical ventilation, and the transition to comfort care. This ensures that the focus shifts to pain management and quality of life when aggressive treatments are no longer desired or effective.
• Heart Failure: POLST empowers individuals with heart failure to make informed decisions about CPR, intubation, and hospitalization. By outlining their preferences in advance, patients can avoid unwanted interventions and ensure their care aligns with their values and goals.
• Dementia: As dementia progresses, decision-making capacity can diminish. POLST allows individuals to document their wishes for care while they are still able, ensuring their preferences are respected even when they can no longer communicate them. This can bring immense peace of mind to both patients and their families.
• Other Conditions: POLST is not limited to these conditions. It can be equally valuable for individuals with COPD, kidney failure, neurological disorders, or any other chronic or life-limiting illness. By proactively addressing end-of-life care preferences, POLST ensures that care remains patient-centered and aligned with individual values, regardless of the specific diagnosis.

POLST in Different Care Settings

POLST forms are not limited to a single healthcare setting. Their portability and clear directives make them invaluable across various care environments, ensuring that patient wishes are consistently honored.

• Hospitals: In the fast-paced environment of a hospital, POLST provides immediate guidance to medical teams. Whether in the emergency room, intensive care unit, or general ward, POLST ensures that interventions align with the patient's stated preferences. This is crucial in situations where a patient may be unable to communicate, allowing POLST to speak for them.
• Nursing Homes: POLST becomes an integral part of the care plan in nursing homes. It guides staff in daily care decisions, ensuring that treatments and interventions respect the resident's wishes. This fosters a sense of autonomy and dignity for residents, even as their health needs evolve.
• Assisted Living Facilities: While residents in assisted living may have greater independence, POLST remains essential. It facilitates clear communication between residents, their families, and healthcare providers, ensuring everyone is on the same page regarding care preferences. This can be particularly important during transitions to higher levels of care.
• Home Care: For individuals receiving care at home, POLST is a lifeline. It informs paramedics, home health aides, and other providers about the patient's wishes, ensuring appropriate care in case of emergencies. This can prevent unwanted hospitalizations or interventions that go against the patient's values.

Legal Considerations and State Variations

While the core purpose of POLST remains consistent across the United States, its implementation, legal recognition, and specific requirements can vary significantly from state to state.

One of the most noticeable variations is the terminology used. While POLST is the most common acronym, some states refer to these forms as MOLST (Medical Orders for Life-Sustaining Treatment), POST (Physician Orders for Scope of Treatment), or MOST (Medical Orders for Scope of Treatment). These variations can sometimes lead to confusion, but the underlying goal remains the same: to document and honor a patient's end-of-life care preferences.

Each state may also have its own unique POLST form, with slight differences in the specific questions asked, the layout of the document, and the required signatures. It's crucial for healthcare providers and patients to utilize the correct form for their state to ensure its validity and legal enforceability.

The legal status of POLST forms also varies. In some states, POLST is explicitly recognized by law as a valid medical order that must be followed by healthcare providers. In other states, POLST may not have the same level of legal authority but is still considered a valuable tool for guiding care and communicating patient preferences.

It's essential for individuals and their families to understand the legal standing of POLST in their state. This knowledge can help them advocate for their wishes and ensure that their POLST form is honored by healthcare providers across different settings.

Beyond state-specific variations, there are broader legal considerations surrounding POLST. These may include:

• Conflicts with Other Advance Directives: In some cases, there may be discrepancies between a POLST form and other advance directives, such as a living will or healthcare proxy. Legal guidance may be needed to resolve these conflicts and determine which document takes precedence.
• Capacity and Consent: The legal validity of a POLST form depends on the patient's capacity to make informed decisions about their care. If there are concerns about a patient's capacity, legal counsel may be necessary to ensure the POLST form is properly executed.
• Medical Futility: POLST forms can play a role in discussions about medical futility, where the benefits of certain treatments may be outweighed by the burdens. Legal and ethical considerations may arise in these situations, requiring careful navigation by healthcare providers and families.

Addressing Common Misconceptions Regarding POLST

There are several misconceptions surrounding POLST that can deter individuals from utilizing this valuable tool. It's important to clarify these misunderstandings:

• POLST is Only for the Elderly: This is perhaps the most common misconception. While POLST is certainly beneficial for older adults, it is not exclusive to them. Anyone 18 or older, regardless of their current health status, can benefit from having a POLST in place. It's about ensuring your wishes are known and respected, whether you're facing a chronic illness, a sudden health crisis, or simply planning for the future.
• POLST Replaces Other Advance Directives: POLST is not a replacement for other advance directives like living wills or healthcare proxies. Instead, it complements them. While living wills express your general wishes, and healthcare proxies appoint someone to make decisions on your behalf, POLST translates those wishes into specific medical orders that must be followed by healthcare providers.

POLST is Difficult to Change: Your POLST is never set in stone. It can be easily updated or revoked at any time if your wishes or medical situation changes. This flexibility ensures that your POLST always reflects your current preferences and remains a relevant guide for your care.

Probate litigation can be complex and encompass a wide range of disputes that arise after someone passes away. This article focuses on the types of evidence that can be critical in three of the most common conflict areas: challenges to a will's validity, disputes over interpreting a will or trust, and disagreements about the conduct of executors, administrators, or trustees, and will discuss the documents, testimony, and other evidence that can be dispositive in resolving those disputes. 

Challenging the Validity of a Will

Often, circumstances call into question the very validity of the will itself. This could happen if there are concerns that the will wasn't properly executed, that the deceased lacked the mental capacity to understand what they were signing, or that they were manipulated or pressured into changing their estate plans against their true wishes. 

When a will's validity is contested, the following documents can reveal potential red flags or provide crucial context: 

• The Will(s): If there are multiple versions of the will, inconsistencies between them could be a sign of tampering or undue influence. Any changes or additions that appear suddenly, without explanation, can raise questions about whether they reflect the deceased's true intentions. Furthermore, the will needs to meet specific legal requirements regarding signatures and witnesses in order to be considered valid.
• Medical Records: If the deceased's mental capacity is at issue, their medical records can be essential. Diagnoses of conditions like dementia, medications that could impair judgment, or other health-related information might cast doubt on the deceased's ability to make sound decisions about their will.
• Correspondence: It's important to consider correspondence, such as emails, letters, or texts when investigating the relationships of the deceased and any potential manipulations that may have occurred. By reviewing this type of communication, one may uncover any attempts to isolate the deceased, pressure them about their will, or detect hints of promises or threats connected to potential inheritance. 

Testimony from individuals who interacted with the deceased can shed light on their mental capacity and susceptibility to undue influence, and provide insight into whether their decisions were autonomously made or influenced by external pressures.

• Witnesses to the Will Signing: Those present when the will was signed can testify about whether the deceased seemed confused, pressured, or hesitant at the time.
• Family, Friends, Caregivers: People close to the deceased often notice behavioral changes of concern. Testimony about declining mental capacity, increasing vulnerability, or sudden, unexplained shifts in relationships can be relevant if undue influence is suspected.
• Expert Witnesses: Doctors, psychologists, and other experts might analyze medical records, interpret testimony from witnesses, or explain concepts like undue influence.

Key Questions

If you are concerned about the validity of a will, consider these key questions:

• Does the will meet legal requirements for proper signing and witnessing?
• Are there inconsistencies or suspicious changes between different versions of the will?
• Did the deceased have any medical conditions or medications that could have clouded their judgment?
• Is there evidence that the deceased was pressured, manipulated, or isolated by someone who benefited from changes to their will?

Matters Involving the Interpretation or Construction of a Will or of Trust Documents

Sometimes, a probate dispute isn't about whether a will is valid, but rather about what it actually means. This can occur due to unclear language, outdated provisions, or even internal contradictions within the will or trust document, and thus the primary goal in resolving these disputes is to determine the deceased's true intentions despite any ambiguities in the document. For these purposes, the following evidence is particularly relevant: 

• The Will/Trust Itself (and Prior Versions): A careful analysis may be needed to identify unclear wording or clauses that conflict with each other. Were there multiple versions of the document?
• Financial Records: These can be especially helpful when the issue is about a specific bequest that's now unclear. For example, if the will states, "my stock portfolio," but the deceased owned multiple accounts, financial records can help establish which assets they intended to include.
• Correspondence: Did the deceased leave any letters, emails, or even notes that explain their intentions for specific parts of their estate plan? These might be crucial in resolving ambiguities within the will or trust itself.

Key Questions

If you're facing a dispute over the construction of a will or trust, here are some key questions to consider:

• Is there seemingly contradictory language within the will or trust itself?
• Are there instructions that are now impossible to fulfill, or refer to assets that no longer exist?
• Did the deceased express their intentions regarding specific bequests or instructions elsewhere (in other documents or letters)?

Fiduciary Disputes

Executors, administrators, and trustees are entrusted with a great deal of responsibility in managing a deceased person's estate. Unfortunately, disputes over their conduct are common in probate litigation. This often centers on claims of mismanagement, self-dealing, or violating their fiduciary duties, which include:

• Acting in the best interests of the estate and its beneficiaries.
• Managing assets prudently and responsibly.
• Avoiding conflicts of interest or benefiting themselves at the estate's expense.
• Keeping accurate records and providing information to beneficiaries.

When these duties are allegedly breached, a careful examination of evidence becomes vital.

• Financial Records: Bank statements, property records, investment accounts – these are where most fiduciary misconduct leaves a trace. Unexplained withdrawals, transfers to the fiduciary's own accounts, or unusual purchases raise immediate concerns.
• The Will or Trust: The powers and limitations of a fiduciary are outlined within the will or trust document. Did they act outside their authority, or fail to fulfill duties specified in the document itself?
• Correspondence: Emails or letters can expose a fiduciary trying to conceal information from beneficiaries, pressuring others regarding the estate, or engaging in transactions that clearly benefit themselves rather than the estate.
• Expert Witnesses: Expert Witnesses: Expert witnesses can be called upon to provide specialized knowledge and offer professional opinions relevant to the dispute. For example, accountants can analyze financial records, trace assets, and determine if proper accounting procedures were followed. Estate planning attorneys can testify as to whether the actions of the fiduciary were consistent with the terms of the will or trust, and in line with their legal obligations. Professional appraisers can be used to determine the fair market value of assets like real estate, businesses, or collectibles in connection with disputes alleging that a fiduciary sold off assets below their true value. 

Key Questions

If you are concerned about a fiduciary's conduct, consider these key questions:

• Are estate assets being depleted without explanation?
• Has the fiduciary benefited personally from managing the estate in ways that seem improper?
• Did the fiduciary violate the terms of the will or trust?
• Have requests for information about the estate been ignored or delayed?

No one wants to think about how their possessions will be distributed after their death. As uncomfortable as this topic is, clearly written wills can ensure that an individual’s property is distributed as they wish.

At their most basic, wills are legal documents that give the writer control over how their own assets and children will be taken care of in the event that they die. If someone dies without a will, the state’s law covering people who died without a will (called intestate) will kick in and the property will be divided according to that state’s law.

This can be troubling if the state law would give property to an individual that the deceased really would have preferred been awarded to someone else or sold. For example, if an individual wanted to sell their possessions and donate them all to a specific charity, then that person will need a will.

Wills can also be used to ensure that a friend, unwed partner, or non-biological relative gets a share of property that they would otherwise be barred from receiving according to the state's common law. Some states will have heirship laws that require a dead individual’s property to be distributed to spouses and children, but with sufficiently advanced foreplanning and an attorney, these laws can be reconciled with the individual’s wishes. 

If you want to create an ironclad will, you will need an experienced Trust & Estate attorney. An experienced Trust & Estate attorney can help you craft a will that can preserve your estate and distribute your assets according to your wishes. The best way to find the right trust & estate attorney for you is with Attorney at Law.

At AAL, our nationwide network of attorneys and law firms can match you with a local Trust & Estate attorney who is experienced and knowledgeable of your local laws and regulations. Our partners understand the delicate and important work that goes into preparing a will both physically and emotionally. That’s why our partners are not only experts in their areas, they are also compassionate advocates looking out for your best interests. 

Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to securing your future.

Elder abuse is a serious crime. Elderly citizens with mental conditions like dementia can be an easy target for unscrupulous actors looking to exploit their victims' life’s savings. One of the ways that these bad actors gain control is through the process of guardianship.

Guardianship of an elderly person, also known as elderly conservatorship, is a legal relationship forged by the court. The relationship begins when the judge appoints an individual to care for an elderly person who is deemed no longer be able to care for themselves. “Unable to care for themselves” can mean many things, but this typically means that the individual is unable to feed themselves, bathe themselves, take their medication regularly or properly, or some other condition that makes living alone impractical.

Once the court decides that the individual is unfit to live alone, they will grant the guardian legal rights over their ward. The ward loses their medical, financial, and legal rights as they are assumed by the guardian. This has been used in the past to bleed some elderly wards dry as the guardian uses their control over them to drain their bank accounts or spend their pension checks on themselves. 

It can be very difficult for the ward to escape from under an exploitative guardian since they have legally been declared to be incapable of acting in their own best interest. The best way to avoid guardianship is to have a designated family member or friend legally granted durable, medical power of attorney to handle your affairs on your behalf. Under a durable medical POA, even if a judge finds you unfit to make your own health decisions, there will be someone that you trust who can make those decisions on your behalf as opposed to a potentially predatory guardian or guardianship agency.  

If you are planning on creating these vital arrangements for your health and estate, then you will need an experienced trust and estate attorney. An experienced trust and estate attorney can ensure that the power of attorney you designate is airtight and durable, preventing subversion by would-be guardians. 

The best way to find your trust and estate attorney is with Attorney at Law. At AAL, our nationwide network of attorneys and law firms can find the best attorneys in your area to fit your needs. Furthermore, not only do our partners have a proven record of success and extensive experience, they also prioritize their client experience. 

Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to solidify your future.

The term “trust fund” has an established presence in modern language. It is generally understood as some vault from which the “trust fund child” draws wealth in order to fuel their lifestyle. This accomplishes the goal of painting a stereotypical caricature of a person, but it doesn’t do much to answer the fundamental question: what is a trust fund?

At its core, a trust fund is just another form of trust. A trust is defined as a contractual agreement in which one individual, known as the grantor, awards some amount of property, stocks, assets, cash, or a combination thereof, to a temporary guardian, known as a trustee. The trustee is bound to grow and manage the wealth of the fund until the time comes to pass the trust fund off to the final recipient, known as the beneficiary.

The purposes and function of a trust can vary. For a trust fund, depending on the setup of the fund, there can be a number of benefits including control, management, and tax exemption.

A trust fund often comes from a parent or grandparent who wishes to grant some measure of their wealth to a descendant. The reason to use a trust fund rather than simply giving the descendant that money is to grant the grantor an additional level of control. While personal reasonings can vary greatly, trust funds allow grantors to write in conditions that must be satisfied before the beneficiary can assume control of the trust. These conditions can be as mundane as “the beneficiary must be at least 17 years old” to as specific as “the trust will become available once the beneficiary successfully enters into medical school.” 

In addition, if the grantor creates a revocable trust fund, they have an additional form of control. A revocable trust fund can, as the name suggests, be revoked or altered by the grantor as long as they’re still alive. This allows the grantor to adjust the terms of the trust, right down to who the beneficiary is.

Another benefit of a trust fund is the management of the trust by a trustee. A trustee can be bound to any number of conditions when they agree to accept the role. This can include maintaining a property, growing a stock portfolio, or responsibly managing the funds of a trust fund. A trustee is bound by fiduciary duty, meaning that they must always put the health of the trust fund first and invest responsibly. This active management allows the trust fund to grow as it awaits the day it will be passed on to the beneficiary.

Finally, the most useful part of a trust for a grantor is that if they created an irrevocable trust fund, then they receive a tax exemption on the assets within the trust fund. A trust legally removes the title or ownership of an asset and eventually transfers it to the beneficiary. This means, that any assets that the grantor places in an irrevocable trust, which cannot be altered once penned, are no longer considered the property of the grantor. This can excuse the grantor from property taxes, income taxes, or estate taxes on the assets within the trust depending on how the trust is constructed.

If you are looking to begin your estate planning journey, including establishing a trust fund, you need an experienced trusts & estates attorney. A trusts & estates attorney can consult with you about the best options to create an estate plan and execute them in a way that makes them resistant to challenge from probate courts and specifically tailored to your needs. The best place to find a trusts & estates attorney is at Attorney at Law.

At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced trusts & estates attorney in your area. Our partners have the resources, legal expertise, and experience necessary to unravel even the most complex trusts & estates cases. 

In addition to resources and experience, our partners also excel in client care. Our partners understand that at the core of a trust & estate case is the loss of life and the desire to see the estate distributed in a way that honors the deceased.

Don’t wait. Contact AAL today for a free, no-obligation consultation and secure your future.

One of the benefits of the federal-state split of authority is that it allows individual states to tailor laws to their own needs. However, the downside of this method is on the flip side where advice given regarding legal advice doesn’t travel well across state lines.

One very important topic that has variance between the states is the concept of a living will. A living will also be known by other names including an “advanced health care directive,” which is a document that preserves the wishes of the author in a legally binding way, even if they are unable to advocate for themselves. 

A living will cover the basics of how the author would like medical treatment to reduce pain (palliative care) to be administered, whether or not the author consents to a blood transfusion, or even whether or not to resuscitate. A living will can be a vital resource in preserving the rights of the author when they are unconscious, mentally unequipped to consider their best interests, or suffering from any other form of incapacitation.

A good example of the many different ways that state laws differ in their treatment of a living will is how a state recognizes a living will as valid. As with many legal documents, before a living will become active, it must first be confirmed to be authentic and valid. 

Some states, like Alaska, do not require any witnesses to validate a living will but do require witnesses for a “health care proxy,” which appoints an individual to make general medical decisions on the author’s behalf. Other states require a certain number of witnesses or a notary, like in Mississippi. 

The full list of states that do not require witnesses for a living will are:

• Alaska
• Idaho
• New Mexico

Only Arizona and Utah allow for a living will to be created using one witness. The states that require two witnesses or a public notary are:

• Alabama
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Washington D.C.
• Florida
• Georgia
• Hawaii
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Some states, such as Florida, require that at least one of the witnesses not be a blood relative or spouse of the author.

In addition to witnessing or notarizing a living will, some states, like Nevada, allow people to submit their living will to a database that is maintained by the state. Other states with these “living will lockbox” programs are:

• Arizona
• Idaho
• Louisiana
• Montana
• Vermont

These states may require certain forms to be submitted along with the living will to submit it to the registry.

Finally, two states do not formally recognize living wills: Massachusetts and Michigan. Massachusetts allows for health care proxies, which require two witnesses, but the state does not acknowledge or recognize living wills in any official capacity. This means that it is up to the physicians or individual in charge of the author t choose whether to heed the wishes in a living will.

Michigan law simply lacks any mention of a living will. While someone living in Michigan could create a singed, witnessed, and notarized document entitled “living will” and listing the author’s intent for their healthcare treatment if they are incapacitated, the state has no formal requirements for a living will and therefore holds no format as more or less legitimate. 

If you are looking to begin your estate planning journey, create a living will, or consult on whether a health care proxy would be good for you, you need an experienced trusts & estates attorney. A trusts & estates attorney can consult with you about the best options to create an estate plan and execute them in a way that makes them resistant to challenge from probate courts and specifically tailored to your needs. The best place to find a trusts & estates attorney is at Attorney at Law.

At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced trusts & estates attorney in your area. Our partners have the resources, legal expertise, and experience necessary to unravel even the most complex trusts & estate cases. 

In addition to resources and experience, our partners also excel in client care. Our partners understand that at the core of a trust & estate case is the loss of life and the desire to see the estate distributed to honor the deceased.

Don’t wait. Contact AAL today for a free, no-obligation consultation and secure your future.

A last will and testament is the most important legal document most people ever create. This invaluable guide to how to distribute assets and handle post-life affairs informs not only the executor appointed by the will, but also the probate court responsible for settling the official record on the deceased.

Once a will is written, it can feel like a great weight has been lifted. Assets have been assigned to heirs and the work has been ratified and submitted. However, life is not a static thing. Sometimes, circumstances change dramatically enough that an individual may feel that they need to revisit their will to make adjustments.

How a Will Gets Changed

The first thing to know about changing a will is how to accomplish that task. In general, there are two ways to change a will: add a codicil or write a new will.

A codicil is a legal document that amends a previously established legal document. This includes documents like wills. A codicil can be used to make an additional statement after the main will has been published. Someone looking to make a minor change to the will can use a codicil to:

• Direct newly acquired assets to heirs
• Add previously unclarified points such as a preference on how their body should be treated
• Correct outdated or incorrect information
• Add a new section to the will

While codicils can be a useful tool, there are limits on its power. A codicil cannot remove someone from the will, it can’t always add a new beneficiary, and it cannot significantly alter the will by negating or removing previously ratified sections. Sometimes a codicil will also not be accepted because there have already been too many codicils added to a will so they should be used sparingly. 

Nonetheless, codicils are a more cost-effective way to make minor alterations to a will than drafting a completely new will. When someone does decide to make a codicil, the process is relatively straightforward. 

While the requirements for a codicil vary by state, in general the codicil should be written down, either by the individual whose will it is or a trusts & estates attorney working on their behalf, with all the new changes and then it can be submitted for review. The codicil should be reviewed by the individual’s attorney to ensure that a probate judge will accept the codicil. Once the codicil has been finalized, it will be signed and dated by the individual as well as the required number of witnesses. Once the codicil is created, it must be kept with the will so that the documents can be reviewed together after the individual’s passing.

If there are too many codicils, it may be necessary to consolidate them into a new will which will supersede the old one. This is a costlier option, but allows for broader changes to be made.

Reasons to Change a Will 

There are a myriad of reasons that may make it necessary to adjust a will. These reasons can include changes to family dynamics, changes to beneficiaries, or changes in circumstances that make the will ineffective. 

Changes in an individual’s family situation can make it necessary to adjust or even rewrite a will. For example, if an individual is married with a joint will but that marriage collapses, the individual will have to change the joint will to an individual one as the provisions may no longer align with the individual’s wishes. 

On the other hand, perhaps after the individual writes their initial will they marry a spouse who has children from a different marriage and after some years of living in this hybrid family dynamic, they wish to leave their step-children some of their assets. These circumstances arise naturally but create the need for alterations to keep pace with the course of the individual’s life.

Other changes may include removing beneficiaries who are no longer in the individual’s life, who have wronged the individual, or have passed away. By adjusting the will to reflect this change, assets intended for the former beneficiary can be redistributed to others.

Finally, a will may need to be changed because it is no longer needed. Some wills, like pour-over wills, are inextricably tied to a living trust. If the individual choses to dissolve the living trust before their death, they will also have to rewrite the pour-over clauses of the will that funnel assets to a trust that no longer exists. Similarly, if a will contains a testamentary trust clause which creates a trust upon the death of the individual, any changes to the terms of that thrust are also changes to the will that creates it.

No matter what the reason for changing a will, it is important to make sure that if a will needs to be changed, that change happens as soon as possible. Keeping an up to date will can ensure that should an accident or other tragedy occur, the estate of the deceased will be handled in accordance with that person’s explicit wishes.

If you are looking to begin your estate planning journey, or change a preexisting will, you will need an experienced trusts & estates attorney. A trusts & estates attorney can consult with you about the best options to create an estate plan and execute them in a way that makes them resistant to challenge from probate courts and specifically tailored to your needs. The best place to find a trusts & estates attorney is at Attorney at Law.

At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced trusts & estates attorney in your area. Our partners have the resources, legal expertise, and experience necessary to unravel even the most complex trusts & estates cases. 

In addition to resources and experience, our partners also excel in client care. Our partners understand that at the core of a trust & estate case is the loss of life and the desire to see the estate distributed in a way that honors the deceased.

Don’t wait. Contact AAL today for a free, no-obligation consultation and secure your future.