Do I need an attorney to draft a codicil to my Will?

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Do I need an attorney to draft a codicil to my Will?

I have a Will that has been registered through an attorney with the court system. It leaves everything to my wife and was made when our 3 boys were very young.Now they are grown (oldest 40 ) and I want to add a codicil (I think) that leaves my wife her half of my IRA, with the boys sharing the other half. (My attorney no longer practices regularly). The home would still go to my wife.

Asked on April 11, 2014 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you *need* an attorney? No--the law does not require that wills or codicils be drafted by an attorney. That said, you should have one: wills (including their codicils) are highly technical, and any error in how they are drafted or witnessed can leave them ineffective.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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