Description

What happens if you simply cross out part of your Will, write “VOID” above it, and initial the change?

The answer is more complicated, and riskier, than most people realize.

In this episode, estate planning attorney Jill Mastroianni explains why making handwritten changes to your estate planning documents can create confusion, trigger litigation, and ultimately change how your assets are distributed. Through two real Tennessee court cases, you'll learn why “just one little edit” can have consequences that last for years and why creating a fresh document is always the better solution.

What You’ll Learn in This Episode

• Why handwritten edits to estate planning documents can create expensive legal disputes.
• The difference between modifying a healthcare advance directive and creating a new one.
• Why clean, updated estate planning documents are easier for your loved ones, and medical providers, to rely on.
• What happened in two Tennessee Court of Appeals cases involving handwritten changes to Wills.
• How revoking one provision of a Will can unintentionally change who inherits your property.
• What a residuary clause is and why it’s one of the most important provisions in a Will.
• Why assets may pass through intestate succession even if you have a Will.
• The risks of relying on DIY estate planning or making changes with a pen instead of updating your documents properly.

Resources & Links

Watch this episode on YouTube: https://youtu.be/DIie_NLlXto

Free Healthcare Advance Directives: https://www.caringinfo.org/planning/advance-directives/by-state/

Related Podcast Episodes

• How to Write Your Own Will (and Why You Shouldn't): https://www.deathreadiness.com/podcast/50
• What Every Parent Needs to Know When Their Child Turns 18: https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18

Tennessee Cases Discussed

• In re Estate of Dye, 565 S.W.2d 219
• In re Estate of Warren, 3 S.W.3d 493 

Need to Update Your Tennessee Estate Plan? Learn more about Jill's flat-fee Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution

Connect with Jill:

• Website: DeathReadiness.com
• Email: jill@deathreadiness.com
• Learn more about Jill’s solutions
• Subscribe to the Death Readiness Dispatch!
• Ask a question for Tuesday Triage

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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.