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Does providing a new California Revocable Living Trust void…

Does providing a new...

Does providing a new California Revocable Living Trust void an old Nevada Will.

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

I have and old Nevada Will and a new California revocable Living Trust.

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Answered in 7 minutes by:
10/7/2017
Jessica B
Category: Estate Law
Satisfied Customers: 1,852
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your issue. Please remember to rate my answer at the end of this session. Thank you!

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First, usually when an individual creates a trust they also sign a new Will dated the same day as the date of the trust. I would first try to locate the attorney that prepared the California trust and see if that attorney has an information about a Will.

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With that said, a Trust cannot revoke a Will. The revocation of a Nevada will can be accomplished by executing a subsequent will or by “burning, tearing, or obliterating ” the document with the intent to revoke it, done by either the testator or by someone else at his direction in his presence.

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Customer reply replied 10 months ago
If I simply write VOID, sign and date on every page of the old Original Will, will that VOID it. Some of the beneficiaries have copies of the old Will so I don't think I can get them back.

Is the person who created the Will alive or dead?

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Customer reply replied 10 months ago
I created the Will. Some relatives have copies of the Will.
Customer reply replied 10 months ago
I have the original will.

Perfect! The best way to terminate the Nevada Will is to execute a new Will. The new Will terminate the old Will. Plus it is highly advisable that you have a valid Will.

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Please let me know if this information was helpful. Do you have an additional question? If you have received an answer to your question, please remember to rate my service so that the question may be closed. Thank you!

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Customer reply replied 10 months ago
I can write a new Will if I have to but don't want to. Is it okay if the Will is a California Will since I live in California now? I have the original of the old Nevada Will. If I write VOID on all pages of the Will and sign and date each page with a Notary witnessing, and provide copies of this to each person that has a copy of the old Will, would thaty suffice.

Yes it may be a California Will, especially now that California is your permanent residency. You may write VOID on every page, in the presence of a notary; however, that is not the preferred method of the courts. Judges believe this method may create confusion and lead to arguments amongst beneficiaries. The preferred method is destroying the old Will, such as with a shredder, and execute a new valid Will.

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There is no requirement that you provide proof of the revocation to the beneficiaries; however, you may as a way to eliminate confusion and have complete transparency.

Jessica B
Category: Estate Law
Satisfied Customers: 1,852
Experience: Attorney at Donald B. Linsky & Associates, PA
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Jessica B and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
Okay. Thanks.

No problem. Please let me know if I may be of help in the future.

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