Anderson, SC asked in Estate Planning and Probate for South Carolina

Q: Can you do your own adden to a will? The attorneys we have contacted want to rewrite will even the one who did original

We want to add right of survivorship for each spouse when the original says house to be sold within a year and 1/2 to my child and 1/2 to spouses children. We both put into the house the same amounts (1/2 and 1/2). We both are in agreement for this addendum.

Related Topics:
1 Lawyer Answer

Kenneth V Zichi

Answered
  • Estate Planning Lawyer
  • Howell, MI

A: The advice to rewrite the will is sound. You may not want to hear it but codicils ('addendum') to a will are invitations to challenge a will in many cases, and are just bad form these days. ALSO this may have no effect depending on how the property is titled.

PLEASE talk to a local attorney (the one who did the original will is likely a good prospect if he's still working!) who can explain the WHOLE situation to you and don't get stuck on one 'form' of document.

And lastly, frankly, it costs no more to do a full new will than it does to do a codicil. You still need the same formality of witnessing and it takes as much work to create a compatible codicil as it does to create a completely new will, so you're not going to be saving any money with a codicil either.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.