When Updating My Estate Plan, Do I Need to Use the Same Attorney Who Drafted It?

Did you draft an estate plan with the help of an estate planning lawyer many years ago? A common process in which this happens is when you and a newly married spouse sit down to create your estate plan at the birth of your young children. Making some tweaks to the will and other documents in your estate plan is a common process as your children get older and as your circumstances might have changed.

For one, you might no longer be married, meaning that any documents naming your former spouse as the recipient of all of your assets should be updated. Furthermore, you might have accumulated many more assets during that time frame, making it all the more important to include all of them in your estate plan. You are not obligated to return to the offices of the original attorney who drafted your documents. Instead you can invalidate the old will and have a different lawyer update with a new document.

New documents when properly drafted will supersede the old ones. In the event that your previous attorney does hold a copy of the original documents, it can be helpful to let the previous lawyer know that he no longer needs to store these materials after you have had new ones drafted. Many estate planning law offices use fireproof safes and other forms of secure ways to store your estate plan. It can simply be a courtesy to let this party know that they are no longer required to do so and to ensure that you have the new power of attorney document property stored.

A Pasadena estate planning attorney is a very valuable asset when reviewing or creating an estate plan custom to you. If you’ve recently moved to California or want the insight of another estate planning law firm, schedule a time to meet with our office.



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