What is the best way to revoke or change your existing Last Will and Testament? As with many things in law, it depends on your individual circumstance. Some common reasons you may wish to revoke or change your Last Will and Testament include:
• You, a fiduciary, or a beneficiary has changed their name;
• You are recently divorced;
• You wish to add, delete or change beneficiaries;
• You have sold, transferred or gifted away assets previously included in your Will;
• You have acquired new assets you wish to leave to a specific beneficiary;
• Your financial status has changed and your estate could now benefit from more sophisticated tax planning;
• You have married or remarried;
• Your family has grown, either by birth or adoption;
• One of your named beneficiaries is now receiving government assistance for a disability and an inheritance from you may disqualify them from such program;
• Your spouse or another named beneficiary under your will has died;
• Your beneficiary’s life is unstable (financially irresponsible, drug or alcohol abuse, credit problems, rocky marriage, etc.) and you now wish to include some type of limitation or protection for their inheritance.
In Kansas, you can revoke your existing Last Will and Testament in one of three ways: 1) Revoke your original Last Will and Testament in writing; 2) Destroy your original Last Will and Testament and all copies; or 3) Execute a new Last Will and Testament that includes a provision stating that it replaces all previous Wills and Codicils signed by you. In practicality, you also can sell or gift away all of your assets during your lifetime or set up all of your assets to transfer by way of beneficiary designations at the time of your death and nullify the effects of your written Will.
A word of caution however: NEVER, EVER destroy your original Last Will and Testament before you have
In the State of Kansas, a guardianship or conservatorship is an attempt by the state to provide help and protection for a person when that person is incapable of acting in his or her own best interest. A guardianship refers to the need for assistance with physical health, safety or welfare. A conservatorship refers to the need for assistance with managing a person’s estate or business affairs. A guardianship or conservatorship is not necessarily intended to be forever. The State’s objective is to restore the person to complete decision-making capacity and to close the guardianship as quickly as possible, according to the Kansas Guardianship Program.
In order to gain the legal right to assist the person in need of care, a guardianship and/or conservatorship must be filed and the Court becomes involved. The Court subsequently appoints a Guardian and/or Conservator over the person and/or their estate/property. When discussing guardianships and conservatorships, we generally are referring to one of two types of individuals in need: adults or minors.
An individual over the age of 18 is considered a legal adult. Adults are assumed to be capable of making their own health and financial decisions unless a court determines otherwise. If a mental or physical condition renders an adult incapable of making sound decisions and acting in his or her own best interest, the court may appoint someone to make decisions on that person’s behalf. A guardian is appointed to make decisions relating to the individual and a conservator is appointed to make decisions relating to the individual’s finances. In Kansas, adult individuals are only deemed in need of a guardian if they are impaired AND there are no appropriate alternatives for meeting essential needs.
A minor who needs a guardian means a person under 18 years of age who otherwise meets the definition
Attorney Megan L. McCann, partner at the Law Office of Davis & McCann, P. A., Dodge City, Kansas, has been appointed by the Ford County Commissioners to represent Ford County on the Southwest Kansas Area Agency on Aging sub-region council.
Southwest Kansas Area Agency on Aging (SWKAAA) is a planning, coordinating, and funding agency providing services to older Kansans in the 28 counties of southwest Kansas. Sub-region council members elect representatives to serve on the SWKAAA board of directors and act in an advisory capacity for the board.
As elder law and estate planning attorneys, Davis & McCann, P. A. provides specialized legal services in the areas of estate planning, long-term care, Medicaid (advance planning and crisis planning), and special needs planning, among others. Davis & McCann, P. A. is a member of Wealth Counsel, a national consortium of Estate Planning Attorneys. Ms. McCann is also a member of the National Academy of Elder Law Attorneys (NAELA), a professional association providing education and training for professionals in the areas of elder law and special needs planning.
In addition to long-term care planning and Medicaid planning, Davis & McCann, P. A. offers services in simple and complex estate planning, business and farm succession planning, business formation, probate, trust administration, simple and complex real estate matters and more. The firm represents clients in counties throughout the western half of Kansas.
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