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Revoking a Will in the Estate Planning Process

There are many reasons why clients choose to revoke a will.  Family circumstances change, financial situations change, even minds get changed.  An elder care lawyer 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  If you decide to make changes and create a new will later, the previous version is no longer in effect.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 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 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 elder law 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 and will make sure you are able to have control over your own plans.

Hear From Our Clients
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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce