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Parents made wills in 1996. Nothing has changed except their age/health. Any concerns over the validity of the wills?

ADDITIONAL INFORMATION:

Wills were made and recorded in 1996. They have the same address, they’re still married, all their children and grandchildren are still living, and little, if anything, in their lives has changed. Given the state of their health, should we be concerned with the wills’ validity given the age of their wills?

ANSWER BY MARGARET CROSS-BELIVEAU:

A validly executed will remains in effect no matter how long ago the wills were executed. I am unclear what the state of their health actually is. If their health is declining, you should instead have them look to update or execute powers of attorney and health care proxy, possibly to name a child rather than a sick spouse. The same goes as to who should serve as the executor of the wills. If they have only wills, their assets will certainly go through probate when the survivor of them passes away.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

 

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