Legal Question in Wills and Trusts in Texas

I want to make a change in my will which was prepared by an attorney.

I want to change who we appointed for power of attorney and who who would be our executor and trustee.

Can I draw up a document making the changes and have it witnessed or notarized with out having an attorney involved?

Asked on 7/20/13, 11:12 am

1 Answer from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.
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It is called a "codicil." It is unlikely that your will names an attorney-in-fact since powers of attorney are revoked on death as a matter of law.

To answer your question, you could do it, but you face the potential dilemma of revoking your original will if the language in the amendment (codicil) is not done correctly as well as having the amendment being worthless it it is not executed correctly.

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Answered on 7/22/13, 8:52 am

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