Full question:
I've got a question to ask for my mom. It's regarding an inclusion she wants to add to their will. Both parents are living and a will was written a few years back with an attorney. Mom wants to make a stipulation that when they both pass, after the sale of their home, that a certain dollar amount should first go to my oldest son and his brother to be used solely for the purpose of helping pay off incurred student loans or if applicable,current college costs. One of my sisters once told her that she can write this information on a piece of paper and have 2 people that are not included in the will to sign it, hence acting as witnesses. She plans on putting the paper in the 'box' along with their will. Will this hold up legally if it were disputed by any one of my 3 sisters? Myself and their 3 additional daughters are sole heirs.
- Category: Wills and Estates
- Date:
- State: New Jersey
Answer:
A will must be properly executed, meaning it should be signed and witnessed by a required number of competent witnesses while the person has legal capacity. This capacity includes understanding the nature of making a will, knowing what they own, and recognizing their family members or beneficiaries. If someone waits until they are incapacitated, it may be too late to make valid changes.
To change a will, one can create a new will that revokes the old one or prepare a codicil, which is a document that adds to or modifies the existing will. A new will is often recommended to reduce the chance of disputes later.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.