I have re-written my will three times since 2012. When my now-husband and I started to live together, we re-wrote our wills. When we married in 2014, we re-wrote our wills to make sure our 4 adult children (2 are his, 2 are mine!) were equally taken care of. Now that we have been married 7 years and everything is "ours" and we are retired, getting older and out of the work force option, we re-wrote it again to make sure each other is taken care of when the first of us dies and that our children are treated equally when the other one of us dies. It is SO important to re-visit and rewrite wills when life and financial circumstances change.

All good information. I am wondering what a "POA" role should be in updating a loved one's will. My mother is 101 and her short term memory is completely gone. I doubt she would be capable of making any revisions that may be necessary. Thanks

I think the practice of reviewing your will or trust agreement is a prudent sensible way to ensure you that what you intend to transpire is the same in the document you signed years ago. It could actually save you money instead of trying to do it yourself; to be sure it is what you want. The attorney that wrote my will and trust does not charge me unless I do make changes. Then it is a minimal amount depending on the changes made. (less than 200.00)
It gives me peace of mind and I also have the person I have designated to be the Trustee go with me. Now we are all on the same page.
When you consider what is envolved - money - and your wishes to give you peace of mine. I find it gives me confidence and a sense of being in control.

Check your state laws. In some states you can write a will entirely free. If you don't have much money nor complex assets this might be your simplest and easiest way to write a will. No money? No problem!

my father changed his will with the help of my younger sister, Dad is know in a nursing home aged 86,he can't remember what is in his will he asked my sister to show him his papers along with the house sale papers and she won't , then she says it's all under control. What can I do to help Dad.

My mother's will was very clear. She died in Rhode Island (RI). I am surprised her will remained unchanged all those decades. One-third. Still, my brothers are trying to steal my inheritance from me simply by not handing it to me, claiming "it would be better this way." They know I have a health condition that will most likely shorten my lifespan, and they also know that I have no children. I know they are hoping I die young so they can hand out to me as little as possible and then, keep the remainder. More likely, one brother is planning to keep the money, although I am only speculating here. They barely communicate with me nor include me in family gatherings such as graduations, holidays, etc. Many relatives don't even know about there's an unknown aunt. Each time I point out to them that what they are doing, withholding this money, is not legal, they go on and on about how much they care, how much they do everything for me, how demanding I am, how I make things up, etc. Thankfully, most of my friends are behind me, and furious right now, ready to make phone calls on my behalf. What can I do? I don't even want the money. I'd rather will it to a good cause to see to it that my scheming brother(s) never gets his/their hands on this money, seeing as it looks like I'll never see it unless I can get an attorney's attention.

I agree with the comment below from Grammy. Not out of line especially in bigger cities. Good advice. Shop around, and if it is the case where you are have limited income or funds do not feel funny expressing that to the attorney. Some firms (as we do) offer AARP discounts and breaks for seniors.
-Brian

My spouse is now in a facility for Alzheimer's patients.. We have no insurance; he had a faulty heart valve and was not eligible. The cost is $5,000/mo. Our house is in our children's names and has been for many years. I'm concerned about running out of money. Are there any steps I can take to protect what I have?

Thanks for artcile. Actually realize I have people i no longer speak to in my will. Thank you.
LW

Thanks for the tips. Made me realize some changes needed, as changes have surmounted in my life. Can any lawyer makes changes or jus the one that drafted the will?

Lot of good advice in the article.

As for price of seeing an Elder Law attorney, a lot depends on location. Where I live, the large legal firm I went to the first half hour was free, anything over was $500/hour but it would be added to the final cost of I hire the firm to draw up the paperwork... for a Trust, POA and everything else required in my State, total cost would be around $2,000 which is worth it for peace of mind. Trusts can be very complicated, thus you need a qualified attorney.

Thanks GrammyM-- I'm glad you liked my article! And I agree with your comments about the additional documents.
-Regards, Brian

I am finding attorneys in my area charge between 300-400 per hour, but the first visit is free (I don't know if that is with an attorney, or just their legal secretary however).
But it's worth it to get things straightened out.

GraceH, That is a huge amount of money, but not out-of-line for an Elder Law attorney. Unless you have fast holdings and are steep in assets, 3 hours without seeing what the 3 documents consists of seems a stretch to me. Please call around your area and get other quotes. There are many ethical family, estate/trust attorneys that are very qualified to review your POA, Will and Trustee documents. If either you or your spouse is a veteran, contact the Veteran's Administration. Contact local officials. Surprisingly, they know those in your area that can help you. Also, relatives, friends, your local minister or priest. Also organizations such as AARP, AAA have lots of information on what to look for when seeking a good Estate attorney. A wealth of information can be obtained if only you reach out. Please do some ground work before handing an attorney $270 an hour to walk in their door. Plus, does this office require a 3 hour minimum visit? Good luck.

I just made an appointment with an Elder attorney. They quoted me $270/hour for at least 3 hours to review the POA, Will and Trustee paperwork. That is $810 for some peace of mind. A ton of money for MOST seniors.

I changed my executor recently and added a beneficiary and two other minor things. It cost $150 with my attorney but was worth it. But I think the general rate is $250-$350. Still worth it in my opinion.

I believe my parents should review their will, however, the POA won't give me a copy. This POA also lives far away. The attorney says he will charge me for a copy. Doesn't sound right.

Thank you everyone for your advice. Yes, we did see an attorney, had a will drawn up, was sent to us for review. Assets increased (property bought and sold), husband ended up in the hospital, attorney present to complete new/deleted items (again), and that's it. Still going to have to get that signature. I hope sooner than later. Will keep working on it (esp. since we both have health problems). Thank you again, a lot of good advice.

Basically I think this is a good article, however, the average person in USA cannot afford to pay a lawyer $1,000-2,000 every 5 years to do some paperwork.
There are good forms online for free ( at least they are in my state) where you can do a basic will, and all you need to do is put some thought into writing down what you want, clearly, and have it notarized.
Dissenters of the DIY legal form crowd will obviously say, you could have trouble down the road with that approach, but, again, most average people in this country just don't have the money to have an attorney write it out and re-write it every time circumstances change.
My mother in law has written her will in her own handwriting, and her daughter was so worried about it, that her daughter even paid an attorney to look at it, and they said it was completely legal.
Down the road, If someone in the "average" family wants to contest a will that is handwritten, or done with free online forms, well then they will have to go to court to contest it--and they can hire an attorney then.
My point is, don't go spending money you don't have, and if other people don't like your will (after you're gone), they themselves can spend the money to complain to some judge about it.

moms1of6, do you have any will in place?
if not, when one of you dies (assuming the remaining spouse is alive and well) then the deceased person's assets will go thru probate.
You can find "simple" will forms right there on line, all you need to do is print them, and go to notary public while you and spouse sign them.
Of course you say your spouse "doesn't want to", perhaps you can tell him, "well if I die, you will have to go thru probate court in order to get my assets". That might make him change his mind.

Moms 1 of 6...please make certain you have documents in order even if your spouse does not want to. I cannot understand why anyone would not want to be financial savvy to protect their assets. If one dies and doesn't leave a will, their estate is Probated through the courts. Not knowing what the real estate and tax laws are (it varies depending on the State in which you live) serious penalties, fines, court costs, title searches and fees can become insurmountable. Even if you must get a shoe box and start small (birth certificates, social security info, tax statements, mortgage info) please do so. If not, moms1 of 6, you could lose all your assets to the State. Seriously, that can happen and it does. Good luck.

I'm dating with my boyfriend(80) for over 14 years and living with him since 2009, it is very nice mobile home for senior.He had purchase in 2008 and I have been paying a half of his expenses (space rent, utilities)....I only live there for 10 days a month. He is keeping on tell me that when he couldn't live here any longer "I will give this home to you" ..... Problem is his son paid off this home loan, I don't know who has title of this place or name on it... Least I would not be his caregiver in future, or just keep my mouth shot on this issues?

All of this makes good common sense, but what if your spouse doesn't want to?

Wonderful advice. To keep up-to-date on documents saves time and frustration at the most vulnerable times in ones life. If I were to add important documents on the list, it would be to keep military discharge records, life insurance, retirement and pension papers along with financial statements such as; bank records, stock and annuities. If documents are kept at home, please keep in a fire and flood-proof container.