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How can I ammend my will and remove a previously signed on Heir when they do not provide consent?
Now that my relationship with my daughter has changed, I no longer want to leave all of my property to her. I have asked her to assign my new amended Will that will leave nothing to her. She is refusing to sign the new Will. What should I do?
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Answers (1)
You do not need your daughter’s signature at the conclusion of your Will to change it, assuming you are still considered legally competent to determine what you want to do with your estate. You should seriously consider hiring an attorney to be sure your current wishes are clearly set forth in your new Will. Your lawyer may advise you to include a statement in the new Will that you are purposely excluding your daughter from inheriting from you so she will be less likely to try and challenge the Will in court after your death.
Ask your attorney to advise you on whether it would be better to pass on your property to others via a Will, a Trust or both. Be sure to avoid letting your daughter exercise “undue influence” over you in an effort to prevent you from changing your will. Some adult children will try and threaten a parent with abandonment if he or she will not leave all (or a substantial portion) of the estate to them.
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Posted by Elizabeth Smith on 21 Jan 2010
3people found this useful
(9 Votes)