Effective Revocation of a Will: Ensuring a Smooth Transition

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Bellomo & Associates

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Posted on

Jul 05, 2024

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Pennsylvania - South Central PA

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The question of how to properly revoke a Will necessitates careful consideration to ensure a seamless process. While the straightforward response is to shred both the original Will and all its copies, it’s crucial to bear in mind that the revocation should be accompanied by a replacement. It’s unwise to assume that an outdated version of the document will remain accessible or that the original copy persists.

My recommendation strongly leans toward promptly replacing the old Will with a new one and subsequently disposing of the original. Swiftly implementing the replacement will safeguard against potential complications. If you die without possessing the original Will to present to the Orphans’ Court, the Pennsylvania Intestate Law will come into play. This law essentially functions as the government’s set of regulations dictating the distribution of your estate. While this blog post refrains from delving into the related intricacies, which we have covered extensively previously, it should serve to remind you of the existence of a governmental framework that will become involved, if necessary. In the absence of a valid Will, this framework gains authority, underscoring the necessity of having a well-structured Will in place at the time of your death.

 Upon confirming the preparation of a new Will to supplant the old one, you can confidently destroy the originals of the outdated document, secure in the knowledge that the new document’s provisions will take precedence. We advise refraining from annotating documents with handwritten notes. It is advisable to preserve the new original that you intend to present to the Court in its pristine, unaltered state, mirroring its condition when initially drafted. This practice ensures the document’s authenticity and reinforces its legitimacy in legal proceedings.

 

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I reside in a different state but wish to participate in my parents estate planning. Is this a feasible option?

Certainly, one significant factor that has altered the landscape of meetings is the impact of COVID-19. This has led to a noticeable increase in peoples comfort with conducting meetings via platforms like Zoom. For at least a year, the majority of our meetings were conducted exclusively through video conferencing. During this time, we have encountered few issues, and even our octogenarians and nonagenarians have been able to successfully connect and navigate the process.Incorporating a family member residing out of town into a telephone or Zoom video conference is easily achievable. We strongly encourage the involvement of family members in all meetings and have the capability to easily include participants who are not physically present in our office.When scheduling an appointment, kindly inform us if there will be a mix of in-person and virtual attendees, and we will seamlessly accommodate this arrangement within our planning process. We eagerly anticipate collaborating with you and your family.  

Anticipating the Fate of Your Digital Assets

The fate of your digital assets is a query that has rapidly gained traction over the past few years and is poised to surge even further as we journey into the future. The realm of digital assets and estates, once an obscure concept, has now become a staple of modern existence. It is paramount that the Power of Attorney you employ meticulously outlines the powers bestowed upon the agent, encompassing provisions for digital assets. Furthermore, these provisions must seamlessly integrate into your Last Will and Testament, guaranteeing that explicit directives concerning your digital assets are established. This strategic approach empowers the executor with the authority to execute your desires. In the realm of estate planning, as with all matters, precision yields the best results. Presently, while its not commonplace for individuals to expressly address the management of digital assets, this is expected to evolve into the standard practice in the foreseeable future. As of now, its imperative to ensure that your legal documentation incorporates provisions that account for these assets. Additionally, one must consciously recognize these assets as integral components of the estate, and deliberate on whether they should follow the conventional trajectory to residuary beneficiaries or be assigned a distinct path.Indeed, your digital estate is a facet that warrants consideration, necessitating its inclusion in all documentation pertaining to estate planning. This proactive approach ensures that the digital realm, which has seamlessly woven itself into our lives, is seamlessly interwoven into the fabric of your comprehensive estate strategy.

The Three Biggest Estate Planning Myths

Its human nature to put off what we IMAGINE will be a difficult experience or if it is something that we just dont want to think about.  In my over 30 years of experience, I have found that MOST PEOPLE, including lawyers, think of estate planning as something that they can do later. Unfortunately for many, later often becomes too late. Some of the thoughts that may have crossed your mind are that: Im going to live for a long time and Ill get around to it next year; or Id rather spend my money right now on a new ultra HDTV, and I can wait to do estate planning at another time.  Well in this article, I am going to debunk the THREE BIGGEST MYTHS that may be preventing you from moving forward with your estate plan and why the best time to do it is RIGHT NOW, no matter your age.MYTH #1- PUTTING TOGETHER AN ESTATE PLAN IS TOO TIME CONSUMING AND EXPENSIVE.            Nothing could be further from the truth when it comes to putting together an Estate Plan when working with the Martella Law Firm.  First, when it comes to convenience, I offer an initial consultation via Zoom or phone so you can do the initial meeting to learn about your options in the comfort of your living room, in your shorts and a t-shirt if you like, while sipping a cool beverage.  I also offer a traditional in-person consultation if you prefer to meet face to face.  I will then send you draft documents to review via e-mail so again there is no need to leave the comfort of your home.  Finally, when it comes to the signing of the documents, that is the only time you would have to come to my office.  Even then, if you are in a hospital or other medical facility where you cannot leave, we will come to you.  Therefore, the excuse that its too hard is a fallacy.  As far as expense is concerned, first, the initial consultation is complimentary.  Accordingly, you can get all your questions about putting an estate plan together answered for FREE, at no obligation to you, and learn how a proper plan can not only protect your family, but also save them money if you are sick or after you are gone.  Additionally, an estate plan for an individual starts at only $1,200 at my firm, and I offer payment plans as well, so you can have an estate plan over a few months for probably much less than what you are spending each month on dining out.  Also, with the right plan in place, for a small investment now in a Trust, you could save your heirs $5,000 to $10,000 or more in a costly probate proceeding after your death.MYTH #2- I DONT HAVE ANY ASSETS SO I DONT NEED AN ESTATE PLAN.  The idea that only people with a lot of money and assets need an estate plan is a dangerous misconception that can cause your family a lot of stress and heartache.  While it is true that a Will or a Probate Avoidance Trust can dispose of your assets, there are other documents that everyone needs, no matter their age or health, to protect them and their family when life happens.These documents include the following:         Power of Attorney         Health Care Surrogate         Living Will         HIPAA Consent & WaiverIn a medical crisis, these documents will allow you to take care of the needs of your spouse or parent when they are unable to take care of themselves.  From taking care of banking and real estate, to consenting to medical procedures, these documents make life easier for you and your loved ones.  If you dont have these documents in place, then you may have to go to court to be appointed your family members guardian which can be quite time consuming and expensive.  Believe me, from my personal experience, this is the last thing you want to deal with when your parent or spouse is suffering from a severe medical condition.  I cant tell you how many times I have received a call from a frantic spouse telling me their other half just had a stroke and they need a power of attorney.  Well, if the other spouse is not competent, its too late for the creation of that document and the only option is to apply to be a guardian, even for something as simple as the selling of their house or getting access to a bank account to pay the household bills.  As you can see, your net worth is irrelevant when it comes to deciding whether you need an estate plan.MYTH #3- I DONT NEED A LAST WILL & TESTAMENT BECAUSE EVERYTHING WILL GO TO MY SPOUSE.This myth can really hurt the surviving spouse if there is no Will and the spouse who died had children from a prior marriage.  If you die without a Will, your estate is called intestate and your assets will pass according to Floridas intestacy laws.  Under Florida law, if you die and you have children from a prior marriage, your wife only gets half of your estate and the other half goes to ALL your children, both from prior relationships and your current marriage.            This type of distribution can really hurt when the couple may have been surviving on two social security checks and some savings, and by losing the deceased spouses social security and half of their other assets, the surviving spouse can not financially survive.  Also, if it is a second marriage and the deceased spouse was only on the Deed, then the surviving spouse only gets a life estate in the property allowing her to live there for the rest of her life, and when the property is sold, the proceeds go to all the children of the deceased spouse, less the value of the life estate.  If the children didnt like the stepmom for example, you can image the nightmares for the surviving spouse if she cant afford the monthly carrying costs, and cannot afford a new home with the small net proceeds from the value of the life estate.  If you want your spouse to get the house, you need a Will to provide for that intention or add them to the deed.            Again, a proper Estate Plan consists of so much more than a Last Will and Testament.  That is why I offer a complimentary consultation and free informative videos here so you can educate yourself on the vital importance of having a plan in place, for not only your benefit, but for your familys as well.

Local Services By This Author

Bellomo & Associates

Estate Planning 3198 E Market St, York, Pennsylvania, 17402

We Educate so what happened to the Bellomo Family doesn't happen to yours!Our firms mission is to ensure that you and your family never needlessly, painfully suffer. Every team member has a personal story that has brought us here to advocate for you and your family. We want to replace your burden with peace of mind. We have the answers, but more important, we have your back.Bellomo & Associates, LLC advises Individuals and families, business owners, senior citizens, and their families about the estate planning and elder law challenges facing them today. For seniors and their families facing the issues of aging, or for those of any age who wish to protect their familys financial future, we counsel clients and provide solutions on Asset Protection; Specials Needs Trusts; Wills; Trust Design; Medicaid; Estate Planning; Nursing Home Matters; and Estate Administration. For our clients who own businesses, our team assists them with succession planning for their business in conjunction with their estate planning.  We have office locations in York, PA, and Lancaster, PA.We offer FREE workshops!  Our workshops are fun and entertaining ways to learn! We provide you with the information to decide what is right for you. If after attending, you decide we arent the right fit no problem! Youll never feel any pressure from our team.