Melrose, NY Estate Planning Law Firms & Lawyers

Probably get another lawyer. It is unclear exactly what is being asked of you and why from your question, but it sounds like the attorney is not explaining what is going on to you the way he/she should and it sounds like the attorney-client relationship is compromised, so you probably should discuss your situation with another lawyer.

The Will should be redone with the name of the conservator changed and it should be signed in the presence of two witnesses who also sign the new will in the presence of you and the other witness. The execution of the new Will should be done in the same manner as the old, revoked, Will. After the new Will is fully executed the old Will should be destroyed. That is the best practice. It is possible, but more perilous, to change the existing Will by modifying it on its face. If this is done the modification must be done in the presence of two witnesses, you must sign the Will indicating you made the modification in the presence of the witnesses and the witnesses must indicate that they witnessed you make the modification, and signed the will in their presence and they signed the Will in your presence and the presence of the other witnesses. If the modification is not done properly it is ineffective and it could be interpreted to mean the entire Will was revoked. It is much better to merely retype the Will with the one change and arrange to sign the Will in the presence of witnesses and revoke the prior Will.

You may leave whatever you wish to your children. Your spouse, however, has the right to elected to take a share in your estate without regard to your will. If you have no assets or don't have many this won't mean much, but the spouse does have the right of election to take against your estate - you cannot disinherit a spouse.