You don’t always need to update your will just because your husband died. But, while you are in the process of settling the past, there’s no better time to get yourself organized with an estate plan than now.  Here are some things to consider in deciding whether you update your will.

(1) If you have a will that was drafted by an attorney at the same time as your husband’s will, and you have not had any issues in the probate or administration of your husband’s will, you probably don’t need a new will.

(2) If you are no longer satisfied with the disposition of your property described in your will, you do need a new will. 

(3) If you have fewer than three executors named in your will (not including your husband), you do need a new will – or at least a codicil (which is an amendment).

(4) If your will is full of legalese that you don’t understand, and you can’t explain it to anyone in uncomplicated words, you do need it reviewed, and you may need a new will.

(5) If your will was made when you had minor children, and the will provided for guardianship or trusts until they grew up, you probably don’t need a new will just to address this issue if these provisions are only effective while your children are minors.

(6) If your will is more than 10 years old, you do need it reviewed, and you should compare your circumstances then to now.  Does your will still work for you? 

Of course, it goes without saying that if you don’t have a will, or if you can’t easily find your old one, you do need a new will.  Plan to speak with us.