Old Wills, New Nightmares Elder Law Report podcast

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Old Wills, New Nightmares

5d ago 14:32

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Imagine sorting a loved one’s papers and finding ten different wills—each telling a slightly different story about who gets what. That’s how family peace turns into a courtroom drama. We pull back the curtain on why outdated wills and mismatched beneficiary forms can derail even the most well‑meaning plans and how a few practical moves can keep your wishes clear, enforceable, and drama‑free.
We break down the big three drivers of conflict—changes in law, changes in family, and changes in assets—and show how to keep everything aligned. Jane Dearwester joins Greg McIntyre to explain when a simple codicil is enough, when it’s smarter to draft a new will and revoke all prior versions, and why physically destroying old documents prevents “ghost wills” from resurfacing. We get specific about formalities too: two witnesses, proper execution, and a self‑proving affidavit so your family isn’t hunting down witnesses years later. From there, we dig into the pitfalls of DIY and handwritten add‑ons that courts routinely reject, and the quiet power of tools like revocable living trusts and Lady Bird deeds to pass property outside probate with speed and clarity.
You’ll hear a real‑world example of a trust that secures a minor child’s future, the role of a capable trustee, and how funding the trust turns paperwork into protection. If you want fewer delays, fewer surprises, and fewer legal bills, this guide gives you a clean checklist: update after life changes, align beneficiary designations with your will, revoke and destroy outdated versions, and consider probate‑avoidance strategies that fit your situation. Subscribe, share this with someone who needs a nudge to update their plan, and leave a quick review telling us the one step you’ll take this week to keep your legacy out of court and in your family’s hands.

Chapters

1. Spooky Setup: Old Wills Haunt (00:00:00)

2. Why Updates Matter: Law, Family, Assets (00:01:48)

3. Aligning Wills With Beneficiary Designations (00:03:13)

4. Codicils Versus Drafting a New Will (00:04:19)

5. Dangers of Keeping Multiple Old Wills (00:05:26)

6. Formalities: Witnesses, Notaries, Self‑Proving (00:06:46)

7. DIY Pitfalls and Probate Headaches (00:08:35)

8. Avoiding Probate: Deeds and Trusts (00:10:41)

9. Peace of Mind: A Real-World Trust Setup (00:11:43)

10. Cost, Access, and Clear Next Steps (00:12:33)

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