Estate Planning Blog

Revoking a Will in the Sacramento Estate Planning Process

October 4, 2012

There are many reasons that clients here in Sacramento choose to revoke a will.  Family circumstances change, financial situations change, even minds get changed. An estate planning or wills and trusts lawyer in Sacramento can help you determine when it is appropriate to revoke a will, as well as what happens next.

There are some common questions which go along with revoking a will, but one of the most asked is whether or not revoking the will revives a prior one. The answer to this question is “probably not.” When setting up your estate planning needs, your attorney will likely help you create a will. If you decide to make changes and create a new will later, the previous version is no longer in effect.

Where the confusion lies is if the later will is then revoked. Many people assume the previous version of the will is simply reinstated. This is often not the case.  Some places are considered “no revival” jurisdictions wherein the earlier version is not automatically revived. Instead, it may be necessary to have a Sacramento wills and trust lawyer lay out options for re-signing or republishing the first will.

Estate planning law is constantly undergoing changes, so the best option for those in Sacramento and beyond is typically to contact an attorney to find out precisely what steps need to be taken to ensure your true wishes will be followed. While it may seem obvious to you what you want, keep in mind it can be far less clear to your grieving loved ones who are left behind.

Additionally, if a new will is revoked and a previous one has not been automatically revived, then the courts will need to step in just as if you never had a will at all. Even if you worked with an attorney to outline your wishes, without the signed, active document, your estate can end up going through the probate courts anyway.

For these reasons, and for simple peace of mind, it makes sense to seek out a qualified Sacramento estate planning lawyer to make sure all of your affairs are in order. This professional can help you create a legal will, as well as consider if other options are appropriate for your estate. Estate planning can be a rather overwhelming process, but a good attorney will be well versed in the law as it applies to residents here in Sacramento and will make sure that you are able to have control over your own plans.

Call The Chubb Law Firm today at (916) 241-9661 to review your goals and discuss your options.

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I was absolutely without a clue as to how to begin or what I should do to establish an estate plan. I did know that I wanted someone I could trust, that was honest and I would have confidence in. I was referred to Heather by my friend who was being legally advised by Heather on another estate. She was very satisfied with her work and thought I might be happy with her service. At our consultation appointment, her presentation was very thorough. I had lots of questions, and she was easy to talk to and was able to guide me to just the kind of estate plan I needed. That was 10 years ago. Due to circumstances in my life, I have had to make changes to my plan, and I always go back to her for her legal services and guidance. I have recommended Heather before.
Gwen

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