Legal Question in Wills and Trusts in Connecticut
Can a modification to Will kit be made?
I have a question regarding
modifying a Will format that I'm
currently using.
I don't wish to specify how my
remains will be treated. I would
prefer for the executor to decide
upon my death. However, one small
section of the Suze Orman Will Kit
I'm using forces you to choose one
option and you can't bypass it, so I
just chose, ''My remains shall be
cremated.'' Once I print out the Will,
can I white out that line from that
page and then recopy the page?
If I delete that line, this will leave the
following phrasing:
''1.2 Personal Wishes. It is my desire
that my executor follow any written
directions left with this will regarding
memorial services. (The remains line
would normally go here.)
When I asked Suze's tech support
team they said that ''Unfortunately
we cannot ensure a quality,
moreover, legal document by
allowing users to edit the language.''
Also, I didn't plan on writing a letter
to the executor. Is it OK to just leave
section 1.2 as stated above?
Lastly, if I don't specify what to do
with my remains, does that task
automatically go to the executor and
he is to decide?
2 Answers from Attorneys
Re: Can a modification to Will kit be made?
Out of curiosity, how much was the will kit? Depending on where you go and depending on what specifics you want done in your will it might have been cheaper to consult with an attorney. I know a lot of attorneys draft wills that do not discuss the disposal of remains for the reasons Atty. Subbloie previously mentioned. I have been offering that provision lately because I have had certain clients with unique requests. However, there is room to be somwhat creative in your will. Also make sure you have a living will. I think a living will can be more important that a last will in many cases. Please feel free to contact me for free consultation 203.870.6700.
Re: Can a modification to Will kit be made?
Problems may arise if it appears the document was altered in some way. If you white out language and copy it, there shouldn't be any "spaces" that make the will look like that is exactly what someone did. Otherwise you leave open the chance of a will contest. You need to use your own judgment. There are no guarantees when you start altering type written forms.
Usually family members decide what to do with a person's remains. Many times people don't even think about looking for a will until after the person is buried or cremated. You can instruct the executor to manage your remains, but if you don't he/she has no power.
If you don't include a written letter, as the language states in the form you are using, then there are no instructions and the executor has no authority other than what the will states.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
