Help....my husband is very ill...we have wills leaving everything to each other with a clause that states his 2 sons will not receive anything and if they contest the will they still recieve nothing..I know when my husband dies the sons will try to get everything and I do not want the problems and the hurt..Is there anything else we can do to protect our property from them? Thanks,Julia from Texas
Country relating to Question: United States
State (if USA): Texas
we have wills
Hello and thank you for the question. I am sorry to read of this dilemma.The wills should be clear that nothing is being left to them, meaning not just excluding them but expressly providing that they are disinherited and a brief reason why that is the case. This removes any possibility that they challenge on ground they were mistakenly left out.The will should be looked at locally to make sure that it is properly witnessed, notarized, and executed so there is no claim of improper execution.Original best retained by lawyer so there is no attempt at tampering or destroying it.Another option is to place assets in trust naming the other as Beneficiary, but not necessary, although an option to consider.
Licensed attorney helping individuals and businesses
we do not have a reason in the wills so I guess that needs to be inserted..do we re write the wills or just another page stating that..I can't remember the legal name for it..
You either execute new wills which would trump the earlier ones, or you can execute an amendment to the will, which is called a Codicil. A lawyer should handle it for you. The cost should be a few hundred dollars and will give you peace of mind that it is done correctly and kept safe!
codicil I remembered when I hit send...my husband will have dangerous surgery on Wed and this needs to be handled before then..one son is harrassing him wanting property to be given to him...We have been married 3 years and have given both sons over a hundred thousand dollars so far, enough is enough don't you think!!
Thanks for your advice
Completely understand. Wish you best of luck.
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