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If a married couple writes a Will and Succession that

Customer Question
If a married couple...

If a married couple writes a Will and Succession that includes the names of several children. After one of them dies, can the remaining living spouse add a written change to the original Will and Succession?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

The original property was purchased in Louisiana. Because of flood damage, it was replaced with property in Mississippi purchased under the name of the remaining living spouse. But a copy of the original Will and Succession is still on file in the original state of residence.

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a copy of a Will and Succession dated within the year 1993.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that I need to know a basic answer and then think about other questions.

Submitted: 11 months ago.Category: Estate Law
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Answered in 5 minutes by:
9/9/2017
Estate Lawyer: RayAnswers, Attorney replied 11 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,782
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 11 months ago

The survivor here has right to write a new will or codicil and it would determine who the heirs are at their death.Any will regarding property in Mississippi would have to be found to be legal in that state probate courts.

The basic requirements for a Mississippi last will and testament include the following:

  • Age: The testator must be at least 18 years old.
  • Capacity: The testator must be of “sound and disposing mind.”
  • Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
  • Witnesses: A Mississippi will must be signed by at least disinterested two witnesses in the presence of the testator if the will was not written entirely and signed by the testator.
  • Writing: A Mississippi will must be in writing, except as noted below.
  • Beneficiaries: A testator can leave property to anyone.

A Mississippi will may be changed at any time by codicil, a type of amendment to the will, which must be executed in the same way as a will.

The revocation of a Mississippi will can be accomplished in the following ways:

  • By executing a subsequent will, codicil or other writing; or
  • By “destroying, canceling, or obliterating” the document, done by either the testator or by someone else at his direction in his conscious presence..

The new will would be valid in Mississippi assuming it meets the elements and the person had capacity to understand what they were doing.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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