How can I change my will to prevent current heirs from inheriting my property?

Question

I am a 94-year-old single woman with a home valued at $450,000. I previously had a will but cannot find it. In the past, I expressed in writing that I wanted the house to go to my daughter and a granddaughter. Now, I want to change my decision and ensure none of my grandchildren or my daughter inherit any part of the house. I am concerned that other grandchildren are trying to take control and make decisions about my property, although they have not been around for over a year. I have no advance directive, executor to a trust, or any formal legal arrangement in place. What steps must I take immediately to secure my wishes regarding my property?

Gerald Barry Dorfman · Answer

You can make a new will, revoking any and all previous wills. That is the quickest and easiest way to make your wishes known. You should also consider a consultation with an estate planning attorney to see if another vehicle, such as a trust, might be advantageous. You can also make an advance directive for health care, and set up a power of attorney which will only take effect if you become incapacitated.

Nina Whitehurst · Answer

You can hire an attorney to draw up a new will that revokes all prior wills.

James L. Arrasmith · Answer

To protect your property from unwanted inheritance claims, you need to create a new will immediately. Your previous will may still be legally valid even if lost, so drafting a new one that explicitly revokes all prior wills is essential. Consider consulting with an estate planning attorney who can help ensure your new will properly expresses your wishes and meets all legal requirements in California. 
 
Your new will should clearly state that you are disinheriting specific individuals by name, as simply not mentioning them might not be sufficient under California law. The attorney can also discuss other protective measures like creating a revocable living trust, which offers additional control over your assets and might help prevent challenges to your wishes. 
 
Given your concerns about others attempting to make decisions about your property, you might also benefit from establishing a durable power of attorney and advance healthcare directive. These documents would allow you to designate someone you trust to make financial and medical decisions on your behalf if needed, preventing those you wish to exclude from gaining control through other legal avenues. Taking these steps promptly will help safeguard your independence and ensure your property goes exactly where you want it to.

Q: How can I change my will to prevent current heirs from inheriting my property?