Legal Question in Wills and Trusts in Arizona

Do I need a lawyer to amend my revocable Family Trust and Will? Are there alternatives; other professionals, do it yourself?


Asked on 1/25/10, 2:04 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

No, you can do it yourself. There are plenty of forms on the web or in office supply stores, and it should be plenty self-explanatory. Good luck!

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Answered on 1/30/10, 8:50 pm
Donald Scher Donald T. Scher & Associates, P.C.

You are not required to have a lawyer, in order to amend your trust. You do not amend a Will. You make a new Will or make a codicil to the old Will. I do not recommend that you "do it yourself" using forms from the internet or the stationary store. These alternatives do not ask you questions that need to be answered in order to properly update a will or trust document, and they do not help you analize your current family needs and circumstances, which is what is required in order to properly update your Will and trust.

You did not mention whether or not you have Durable Powers of Attorney for both financial matters and for healthcare, or any planning for long term care, if you and/or your spouse become incapacitated by accident or illness or just old age. You did not say when your trust and Will were made or if you reside in the same state since making them.

Most important, I have seldom seen a form that did not require knowledge and expertise to fill out correctly. With Wills and trusts, a certain formality is required in order to validly make and execute a Will and trust, or to amend them. This is where document preparers fail to serve you most of the time, because they think that all there is to do, is to fill in the blanks. This is not so.

Please do not be penny wise and pound foolish, because when you are incapacitated or otherwise unable to make a new Will or trust changes, then it will be too late to discover that the "do it yourself job" was done wrong.

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Answered on 1/31/10, 1:06 pm


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