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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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All done! Based on your answers, we recommend:

Estate Planning Package

For One Person

$135
What’s included:
  • Last will and testament
  • Health care directive & living will
  • Financial power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for one full year after purchase
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Financial Power of Attorney

For One Person

$39
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create a power of attorney that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your document for a full year after purchase
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All done! Based on your answers, we recommend:

Health Care Directive & Living Will

For One Person

$39
What’s included:
  • Try our easy step-by-step guide
  • Create your health care directive and living will before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create a document that’s customized to your wishes and your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for a full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament

For One Person

$79
What’s included:
  • Try our easy step-by-step guide
  • Create your documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create a last will and testament that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your will for a full year after purchase
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All done! Based on your answers, we recommend:

Estate Planning Package

For Two People

$255
What’s included:
  • Two wills, health care directives & living wills, and financial powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for one full year after purchase
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All done! Based on your answers, we recommend:

Financial Power of Attorney

For Two People

$78
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific, attorney-approved documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create an attorney-approved power of attorney that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your document for a full year after purchase
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All done! Based on your answers, we recommend:

Health Care Directive & Living Will

For Two People

$78
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific, attorney-approved documents before you buy.
  • Only purchase if you are satisfied with your estate planning documents
  • Create an attorney-approved document that’s customized to your wishes and your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament

For Two People

$149
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific, attorney-approved documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create two wills customized to your wishes and your state’s laws
  • Free changes and revisions to your wills for a full year after purchase
Close

All done! Based on your answers, we recommend:

Health Care Directive & Living Will + Financial Power of Attorney

For One Person

$78
What’s included:
  • Try our easy step-by-step guide
  • Create your health care directive and living will before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create a document that’s customized to your wishes and your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for a full year after purchase
  • Create your state-specific documents before you buy
  • Create a power of attorney that’s customized to your wishes and your state’s laws
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Financial Power of Attorney

For One Person

$118
What’s included:
  • Try our easy step-by-step guide
  • Create your documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create a last will and testament that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your will for a full year after purchase
  • Create your state-specific documents before you buy
  • Create a power of attorney that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your document for a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Health Care Directive & Living Will

For One Person

$118
What’s included:
  • Try our easy step-by-step guide
  • Create your documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create a last will and testament that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your will for a full year after purchase
  • Create your health care directive and living will before you buy
  • Create a document that’s customized to your wishes and your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for a full year after purchase
Close

All done! Based on your answers, we recommend:

Health Care Directive & Living Will + Financial Power of Attorney

For Two People

$156
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific, attorney-approved documents before you buy.
  • Only purchase if you are satisfied with your estate planning documents
  • Create an attorney-approved document that’s customized to your wishes and your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for a full year after purchase
  • Create your state-specific, attorney-approved documents before you buy
  • Create an attorney-approved power of attorney that’s customized to your wishes and your state’s laws
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Financial Power of Attorney

For Two People

$227
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific, attorney-approved documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create two wills customized to your wishes and your state’s laws
  • Free changes and revisions to your wills for a full year after purchase
  • Create an attorney-approved power of attorney that’s customized to your wishes and your state’s laws
  • Free changes and revisions to your document for a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Health Care Directive & Living Will

For Two People

$227
What’s included:
  • Try our easy step-by-step guide
  • Create your state-specific, attorney-approved documents before you buy
  • Only purchase if you are satisfied with your estate planning documents
  • Create two wills customized to your wishes and your state’s laws
  • Free changes and revisions to your wills for a full year after purchase
  • Create your state-specific, attorney-approved documents before you buy.
  • Create an attorney-approved document that’s customized to your wishes and your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for a full year after purchase

Changing a Will

It is extremely important to keep your will updated. As life changes, so do potential beneficiaries and heirs. If you do not keep your last will and testament updated, it may not reflect your wishes given your new circumstances. The following are good situations in which changing your will may be wise.

Table of Contents

Marriage

When you get married, both you and your spouse should each create a new will. Most states have laws that award a percentage of your estate to your spouse upon your death. However, if you want to devise your will differently, you should specify this in your will. Furthermore, adding your spouse to your will may change the percentage of your estate, or of a specific asset, that another beneficiary or heir was previously written to receive. Changing a will should reflect this new proportion as you see fit.

New Partner Without Marriage

Your partner will automatically receive assets from your estate only if you are married. So, if you find yourself with a new loved one, changing a will to reflect what you would like to leave that partner is necessary.

However, if you are registered domestic partners in California, Maine, or New Jersey, reciprocal beneficiaries in Hawaii, or civil union partners in Vermont or Connecticut, then the rules may be different; so, be sure to check your state’s laws, if you live in one of those states.

Divorce

Upon divorce, some states revoke any gifts you leave your spouse in your will. Other states do not. Changing a will upon a divorce is very important. You will want to either specify what you want to leave your former spouse or else specify how those gifts should now be distributed.

A New Baby or Adopted Child

There are laws in some states that give children some portion of your assets upon your death. However, not everyone wants their property to be distributed the way the state laws specify. If you welcome a new baby into your family, be sure to specify what gifts, the baby shall receive, by changing a will. Perhaps more importantly, be sure to appoint a guardian for the baby. This will be the person who will care for your baby should anything happen to you.

New Stepchildren

Stepchildren are not automatically entitled to inherit a share of your property in many states. Therefore, if you would like for your stepchildren to inherit any of your property, be sure to specify your wishes by changing your own will.

Moving From a Community Property State to a Common Law Property State

The laws governing what each spouse owns vary depending on whether the couple lives in a community property state or a common law property state. Therefore, if you are planning on moving to a new state, check that state’s laws. If it differs from the one you currently reside it, be sure to change your own will, according to your new property ownership status.

Changing Your Mind About Heirs

Of course, things can happen in life that cause people to change their minds about the way in which they’d like their property distributed. Changing a will to reflect these new wishes is important.

New or Disposed of Assets

If in your will you leave all of your property or a percentage of your property to your heirs, then when what you own changes, there is no need to change your will. However, if you have willed certain gifts to people in your will, and you no longer have those properties, be sure to remove said property from your will. Additionally, when you acquire new property, be sure to account for that in your will.

Ways of Changing a Will

The easiest way of changing a will is simply to make a new will. You can even use one of our state-specific last will and testament forms to do it. It is imperative that you revoke the old will. To do this, simply write a statement in the new will that states that you revoke all wills and codicils that you have previously made. This is sufficient to revoke any previous wills, but it is wise to also destroy any of your previous wills in order to avoid confusion or challenges to your new will.

The other way to change your will is by adding what is called a codicil. A codicil is like an amendment or addition to your will. Use a codicil to revoke part of your will or add a new provision. To be valid, they must be dated, signed, and witnessed just like a legal will. Codicils were an efficient way of changing a will before there were computers and printing was a hassle. Today, codicils should be avoided wherever possible. They can cause confusion, be lost, and are sometimes even a means to challenge wills.

Changes to Other Estate Documents

Much of your property passes by law to beneficiaries, despite what your will says. Property such as retirement proceeds, life insurance proceeds, joint bank accounts, payable-on-death bank accounts, and stocks registered with a transfer-on-death form all pass directly to a specified beneficiary. If you change your mind about who the beneficiary should be, change the names using the forms on which you named the original beneficiaries. Do not change the named beneficiaries through your will, for it will have no effect.

Living trusts are also not affected by the terms of your will. If you decide to change the terms of your living trust, add an amendment to the original trust document. Then, transfer property in or out of the trustee’s name, accordingly. You do not need to worry about having to revoke a trust and create an original one, like when changing a will.

Get Legal Help with Changing Your Will

It’s wise to periodically review your will and update it to reflect any changes to your assets. Contact an estate planning attorney to help with changing your will, or to draft your first will if you don’t have one yet.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Ally_Marshall_image

Reviewed by:

Ally Marshall, Esq.

Managing Editor