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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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How can someone write a separate document leaving item to a

Customer Question

how can someone write a separate document leaving item to a family member without employing a lawer. this person has an existing will & trust but the item is not in the will or the trust
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest, you consider a Codicil. A Codicil is an amendment to the original will - and it would need to be signed in front of a Notary Witness.

The Codicil should be written as follows:

So it's going to be Titled Codicil to Last Will and Testament of WHATEVER the name is ***** ***** Will.

Then it will say

Expert:  Sam replied 1 year ago.

I FULL NAME AND ADDRESS, being of sound mind, declare that this Codicil to the Last Will and Testament of YOUR NAME is ***** ***** DATE and shall hereby amend my Last Will and Testament dated DATE THE WILL WAS SIGNED as follows:

Then you will want to see what part of your Will addresses inheritances. You will then note the following:

Article WHATEVER THE NUMBER is ***** added as follows:

Then include additional directives that were not included in your original will - for example adding that who you want by full name to have whatever item it is.

Expert:  Sam replied 1 year ago.

The Codicil Must be kept with your Original Last Will and Testament.

Expert:  Sam replied 1 year ago.

At the end of the Codicil you will want to consider the following language.

I, YOUR FULL NAME, declare to the officer taking my acknowledgement of this instrument, and to the subscribing witnesses, that I signed this instrument as my Codicil. Then sign your name beneath this language.

Also the following:

We, NAMES OF WITNESSES and NAME OF WITNESS, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator’s codicil and signed it in our presence, and that we each signed the instrument as witnesses in the presence of the testator and of each other. Then have the two witnesses sign in front of the Notary. So leave signature lines.

Expert:  Sam replied 1 year ago.

And of course, you need the Notary Acknowledgement.

Acknowledged and subscribed before me by the testator, YOUR NAME, who is personally known to me or who has produced ____________________ for Identification and sworn to and subscribed before me by the witnesses, NAME OF WITNESS, who is personally known to me or who has produced _____________________________as identification, and NAME OF SECOND WITNESS who is personally known to me or who has produced _______________________as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on this ___________day of ___________________ 20_________

Then have the notary sign and affix official stamp or seal.

Expert:  Sam replied 1 year ago.

Please let me know if you have other questions or need more information or clarification in this regard.

Expert:  Sam replied 1 year ago.

Otherwise, I would appreciate a positive rating for my time and information as that is how I get my credit. Thank you.