Do I Need To Update My Will?

September 6, 2023

Elder law attorneys provide legal services to help seniors and their families plan for the future. They can assist with creating wills and trusts, setting up powers of attorney, and other estate planning documents. They can also help families with guardianship issues, long-term care planning, and other legal matters related to aging. Elder law attorneys can also help seniors with issues related to elder abuse, such as nursing home abuse or financial exploitation. They can also provide legal advice on issues related to Social Security, Medicare, and other government benefits. 


Signs You May Need to Update Your Will


If you have an existing will, it's important to review it periodically to make sure it's up to date. Here are some signs that you may need to update your will: 


You've Had a Major Life Change - If you've had a major life change, such as getting married or divorced, having a child, or moving to a different state, it's a good idea to update your will. These changes can affect the way your assets are distributed and your beneficiaries. 

You've Moved to a Different State - If you have moved to a different state, it's important to update your will. Different states have different laws, and your will needs to be in compliance with the laws of the state in which you currently live. 

You've Had a Significant Change in Financial Circumstances - If your financial circumstances have changed significantly, it's a good idea to update your will. This could include changes in your income, assets, or debts. 

You've Had a Change in Family Dynamics - If your family dynamics have changed, such as the death of a loved one or a divorce, it's important to update your will. This will ensure that your assets are distributed according to your wishes. 

Your Will Isn't Up to Date With Current Laws - It's important to make sure that your will is up to date with current laws. Laws change over time, and it's important to make sure that your will is compliant with the laws of the state in which you live. 


When to Seek Professional Advice


If you're considering making changes to your will, it's important to seek professional advice. An experienced elder law attorney can help you create a will that is in compliance with the laws of your state and reflects your wishes. 


Elder law is a specialized field of law that focuses on the legal needs of seniors and their families. If you're an older adult or a family member of an elderly person, understanding the basics of elder law is important. It's also important to review your will periodically and seek professional advice if you're considering making changes. With years of experience in Elder Law, let Rhodes Law in Melbourne, FL help you with a comprehensive range of professional legal services.  Attorney Ruth C. Rhodes is 1 of only 2  Board Certified Elder Law Attorneys in Brevard County.  Call (321) 610-4542  for a consultation today!

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Can Anyone Contest a Will or Trust?

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Yes, someone can contest a will or trust , but there are legal requirements and limitations. Here's a breakdown: Who Can Contest a Will or Trust? Generally, only people who have legal standing can contest: Heirs (like children or spouses) Beneficiaries named in the current or prior versions of the document Anyone who would inherit under intestacy laws if the will/trust were invalid Common Grounds to Contest A person must show legal reasons. Common grounds include: Lack of capacity The person who made the will/trust wasn’t mentally competent at the time. Undue influence Someone pressured or manipulated the person into changing their estate plan. Fraud The will/trust was signed based on lies or deception. Improper execution The document doesn’t meet legal requirements (e.g., not properly witnessed). Forgery The signature is fake or the document was altered. Time Limits (Statutes of Limitations) Timeframes vary by jurisdiction: Wills : Often must be contested shortly after probate starts (e.g., 30 to 120 days). Trusts : Deadlines can vary, often triggered when a trustee notifies beneficiaries. What Happens If a Contest Succeeds? The court may declare the will/trust invalid. The estate may pass according to a prior valid will or state intestacy laws. Note on "No-Contest Clauses" Some wills/trusts have a "no-contest clause" (also called in terrorem clauses). These threaten to disinherit anyone who contests the document—unless they have probable cause . Not all states enforce these clauses. If you think you have a reason to contest a will or trust, it’s best to speak to a probate or estate attorney right away—deadlines can be strict, and the process is legally complex. To learn more, call Ruth at Rhodes Law, P.A. at 321-610-4542 and schedule your consultation!

What does one do if a loved one has passed with no will or trust?

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When a family member passes away without a will or trust (called dying intestate ), their estate is distributed according to the laws of the state they lived in. Here's a general step-by-step guide on what to do: 1. Get a Legal Pronouncement of Death: If it hasn’t been done already (e.g., at a hospital), a medical professional must pronounce the death legally. You’ll need this to obtain a death certificate. 2. Obtain Death Certificates: You'll need multiple certified copies (10–15 is common) for banks, insurance, property titles, etc. These are issued by your local vital records office or funeral home. 3. Determine the Estate's Executor or Administrator: If there’s no will, the probate court will appoint an administrator (usually the next of kin). You can petition the court to become the administrator if you're a close family member. 4. File for Probate - Probate is the legal process of settling the estate: Go to the probate court in the county where the deceased lived. File a petition for probate without a will . The court will appoint an estate administrator and officially open probate. 5. Notify Heirs and Creditors Send formal notice to all potential heirs and beneficiaries. 6. Identify and Inventory Assets - This includes: Bank accounts Real estate Vehicles Retirement accounts Personal belongings Some assets may pass outside probate if they have named beneficiaries (like life insurance or POD accounts). 7. Pay Debts and Taxes Use estate funds to pay valid debts and taxes. File the deceased’s final tax return . 8. Distribute the Remaining Assets: Once debts and taxes are settled: The court will distribute assets according to state intestacy laws , usually prioritizing: Spouse and children Parents and siblings More distant relatives if no close family 9. Close the Estate: After all duties are fulfilled, submit a final accounting to the court. If approved, the estate can be officially closed. Consider Talking to a Probate Attorney: Especially if: The estate is large or complex There’s family conflict You need help with legal paperwork Book your consultation with Ruth C. Rhodes of Rhodes Law, P.A. and let Ruth share her knowledge and experience in helping you with planning to meet your individual and family needs. With a commitment to excellence in Elder Law, she stands ready to assist clients at every stage of life, ensuring their rights and wishes are fully protected. So, call us at (321) 610-4542 and schedule your consultation today!