Why Would I Need to Revise My Will?

Why Would I Need to Revise My Will?

OK, great!! You’ve created your will! Now you can it stow away and check off a very important item on your to-do list, right? Well, not entirely.

Thrive Global’s recent article, “7 Reasons Why You Need to Review your Will Right Now,” says it’s extremely important that you regularly update your will (and other documents, such as a revocable living trust) to avoid any potential confusion and extra stress for your family at a very emotional time. As circumstances change, you need to have your will reflect changes in your life. As time passes and your situation changes, your will may become invalid, obsolete or even create added confusion when the time comes for your will to be administered.

New people in your life. We all know life changes. If you have more children after you’ve created your will, review your estate plan to make certain that the wording is still correct. You may also marry or re-marry, or you may have grandchildren that you now want to include. Make a formal update to your estate plan to include the new people who play an important part in your life and to remove those with whom you lose touch.

A beneficiary or other person dies. If a person you had designated as a beneficiary or executor of your will has died and there is no backup, you must make a change or it could result in confusion when the time comes for your estate to be distributed. You should update your will if an individual named in your estate plan passes away before you.

Divorce. If your will was created prior to a divorce, you will probably want to remove your ex from your estate plan. If you have minor children with your ex, you may also want to change your distribution and nominate a guardian of the estate to take care of any money you want to pass to your children. Talk to an estate planning attorney about the changes you need to make.

Your spouse dies. Even though wills should be written in such a way as to always have a backup plan in place, that’s not what always happens. For example, if your husband or wife dies before you, their portion of your estate might go to another family member or another named individual. If this happens, you may want to redistribute your assets to other people.

A child becomes an adult. When a child turns 18 and comes of age, she is no longer a dependent.  Your documents might have included provisions for dependents that now no longer apply to your children, but you would like to still help them out if you were to die. Therefore, you may need to update your will in any areas that provided additional funds for any dependents.

You experience a change in your financial situation. This is a great opportunity to update your will to protect your new financial situation. If you now have more than the minimum amount needed for probate, you may also want to create a trust to avoid probate. In California, if a person has more than $150,000 in their estate when they die (including the value of any houses), they will have to go through probate. Create a trust and change your will to a pour-over will to save your loved ones the trouble of going to court.

You change your mind. It’s your will, and you can change your mind whenever you like.

Reference: Thrive Global (June 17, 2019) “7 Reasons Why You Need to Review your Will Right Now”