Legal Question in Wills and Trusts in Georgia

Codicil

I already have a will and living will from Florida. I now live in Georgia. I would like to made amendments to my will. Can a codicil be done even if my will is from a different state?

I have very few admendments to make.


Asked on 11/19/06, 3:49 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Codicil

Codicils are a terrible idea. Never ever use one. A codicil means that TWO documents, the will and the codicil, must be probated, increasing the expense and possibility of problems. ALWAYS change wills with a new will.

(A codicil would be as much work as a new will, so it doesn't save money either).

A will from another state is also a terrible idea. While it MAY be valid (I'd have to see it to know), it will not be optimized to simplify probate here (for instance it will not ference the Georgia code section that gives an executor dozens of powers).

A new will is very inexpensive,so don't be pennywise and pound-foolish.

Also, a non-Georgia living will might be problematic here too (although it may be fine - again I'd have to see it). Since I do a free living will for my will clients, cost isn't even a factor here. Replace it to be safe.

Please call me if I can be of help with a new will. (You also may want to update your durable power of attorney at this time).

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Answered on 11/19/06, 4:26 pm


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