When Should I Update My Will or Other Documents?

Posted on

Sep 06, 2019

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Many people think of changing their documents after a marriage, divorce, birth or death, but those are not the only reasons you may want to make changes. Perhaps your agent under a power of attorney is going through a physical or mental health crisis, or the person you appointed executor of your will has made some poor financial decisions lately. You may want to appoint a new Trustee if the agent you chose has moved away, or if theyare struggling with addiction. Its also important to consider whether the people who you have named as back-up agents are still your best options.Here are five questions that may help you decide if change is needed:

Is the person youve appointed to be your agent (under a power of attorney, as an executor or a trustee) the best person available to fill that role?
Is the person youve appointed to be your agent willing and able to act as needed?
Do you need to change the distribution of your assets?
Do your documents allow for Medicaid or VA Pension qualification if needed in the future? (IE Durable Financial Power of Attorney with special provisions to allow large financial gifts into trust.)

Have you moved to across state lines? While wills, trusts, and power of attorney are valid across the United States, some states have specific provisions. For example, a bank may be more willing to work with your agent under a durable financial power of attorney, if the format used for the document looks familiar.
Documents should be kept updated to ensure your wishes are followed. Any changes you make should be communicated with your chosen agents, and copies of your latest documents should be shared with your agents or stored in an easily accessible location.
If you think it may be time to update your will or other documents, contact a Certified Elder Law Attorney. '
Editors Note: This article was submitted by McNair Law. They may be reached at 469-210-8371, McNair-DallasLaw.com

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