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Modifying a will

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mountaingirl

Junior Member
What is the name of your state (only U.S. law)? CO
Hello. I drew up a will with an attorney 2-3 years ago leaving everything to my husband except a house in a different state (LA), which is only in my name. He drew up his will at the same time. As we have both become very attached emotionally to the house (river camp really), I would like to give him usufruct of the house till he dies. Then it would revert back to my sister as I have it now. Can I add a usufruct paragraph to the present will myself or have an attorney do it at minimum cost or does it require starting over with a new will?

Also our attorney who drew it up has left the country and we've lost contact with him. Thanks.
 


curb1

Senior Member
I would draw up your intentions as accurately as you can and then take it to an attorney. The cost should not be very much (if that is possible these days).
 

latigo

Senior Member
PLEASE, do not attempt to delete or add additional language to your existing will! *

Any changes or revisions must be done by a separate written instrument executed in accordance with the formalities required under Colorado law. That is, by either revoking or destroying the present document and executing a new will or by a Codicil to the existing will.

And have an attorney prepare the document.


[*] I became involved at the tail end of will contest that went on for seven
(7) years and reached our Supreme Court twice – all because of a futile attempt by the testatrix to make changes to the disposition of choice agricultural land by striking out language and adding other by interlineation.

Her greedy son for whom the changes were to benefit had her simply initial those changes. Which didn’t work and cost him roughly $40K in attorney fees to try to make it work.
 

mountaingirl

Junior Member
Oh, thanks for answering my question. I am being nagged by family members to do it myself, but I had a bad feeling about maybe stepping in over my head. I will talk to someone about a codicil.
 

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