Good afternoon. My name is ***** ***** I look forward to helping you.
If you have already transferred title to your eldest son and his brother, you would not be able to now take back the interest that you gave his brother that is now vested in his brother. Once you transferred your ownership to the two of them, they owned their interests and you would not be able to take that interest away from his brother without his brother's consent. What you can do is change your will to provide that other assets you may own go to your eldest son. You can do whatever you wish with property and assets that belong to you, but with regard to assets you've previously gifted, you no longer control those assets unfortunately.
You do not need to re-do your entire will. Rather, you can make this change by doing a Codicil...which is a fancy legal term for an amendment when a will is involved. In the Codicil, you can reference your original will, state that other than the changes in the Codicil all terms and provisions of the original will remain in full force and effect, and then specify which provisions of the original will are being changed. You will want to have the Codicil signed, witnessed, and notarized in the same format as the original will. Then, make sure you keep the Codicil with the original will so whoever gets your will at your death will know the Codicil exists. You can do this yourself or you can seek the guidance of a lawyer, but you are not obligated to engage a lawyer to do this for you.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could still control title to the property, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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