Why Having a Stale Will Can Be as Bad as Having No Will at all.

Here at Esser, Bradley & Khalsa, PLLC,  we encourage everyone to get a professionally-drafted will and to never die without a will (“intestate”).

But we have to admit, there are times when you might as well have no Will at all.

There are times, not often mind you, when having a will is useless. Which is why we always encourage our clients to review their estate planning documents, including their wills, every 2 years.

Do Not Let Your Will Get Stale.

Situations can arise where someone’s will was valid when they made it, but is no longer effective at the time the testator (maker of the will) dies.

For example, if your will leaves everything equally to Jane and Sue and stipulates that should Sue die before Jane everything goes to Jane, and visa versa, but does not say where the money goes if Jane and Sue die before you do, then if Jane and Sue predecease you, but you never updated your will, it is going to be invalid.

What this means is that your estate will no longer pass under your will, but instead will be distributed according to the intestacy laws. Which is exactly what happens when you have no will at all.

Or, let us say that you had your will (professionally) drafted and executed. Then years later you fell in love with someone. You meant to leave him (or her) everything, but you never got around to changing your will. If you were not married to this person at the time of your death, they would get nothing. Again, having a will that is outdated and does not do what you want it to is doing you no good here.

What all this means is that having a stale will is just as bad as having no will at all!

Be Sure to Review Your Will Regularly. 

Your dentist reminds you to floss, and a good trust and estates attorney will remind you to review your trusts and estate planning documents regularly and make sure you keep them up-to-date.

Estate Planning Attorneys in Arizona.

At Esser, Bradley and Khalsa, our estate planning attorneys will work with you during a FREE consultation to discuss your specific needs. Don’t wait! Contact us today to set up your free appointment.