Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

Why someone might use a deathbed will

As the name implies, a deathbed will is a will made up at the last second, when someone is very close to passing away. These are dangerous, as it's often very easy for people to contest them. They can claim that the person who passed away wasn't in his or her right mind, perhaps due to aging and perhaps due to medications. These wills, especially if they cut out someone who was in the will before, often lead to long legal battles.

So, if these wills are easier to overturn and can cause a lot of drama in the family, why do people use them?

Sometimes, it's because they simply were not expecting to die that quickly. A person could have a fatal disease, like cancer, but he or she may be expecting to continue living for years. However, if the disease suddenly worsens and the person realizes there are only days left, the will could be changed suddenly.

Other times, it's because people just can't make up their minds about difficult decisions until they know they have an immediate deadline. Someone may be struggling with what to do with a beloved family home, for example. Should it be sold so the money can be split between two siblings, or should one sibling get it to keep it in the family? It's hard to decide, and someone may not really be able to make a choice until there is little time left.

Again, though, a deathbed will may not stand. It's far better to look into all of your options well in advance so that you can craft a will that won't be contested in New York.

Source: Wall Street Journal, "Changing a Will at the Last Minute," Arden Dale, accessed June 03, 2016

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Map

Call us now for a free, 100% confidential consultation: