Is a document that is signed and notarized a legal and binding WILL?
Every state has different rules for the proper execution of a will. But even a handwritten document with no witnesses MAY be a legal will. The problem is that the further you get from the statutory requirements, the easier it is to attack a will and the more likely the Probate Court will toss it out. You CAN do your own will (if you know what you are doing). It ain’t rocket science. But if you botch it you have nobody to blame but yourself when it goes sour. Wills are cheap. Have a lawyer draft it and supervise the execution. Then you (or your heirs) won’t have to send a bundle later fixing the mess that you could have avoided if you had done it right the first time. Sources: Waaaaaay too many years cleaning up botched wills and probates.
Keep in mind that all a notary is doing is witnessing your signature — the notary is not swearing to anything of the content of the document, only that he SAW you sign it, after you identified yourself. So it gets back to what you wrote in the will. Usually these are accepted and acceptable if you make your wishes legal and clear. But a will with the legal niceties that I lawyer adds is preferred, because it has all of the state and federal verbiage included. But in the absence of such, your will as long is it clearly states your legal intentions, is likely valid.
Related Questions
- I have a notarized statement from the parent to act as the temporary guardian for the grandchild. Can this statement be used as a legal document when seeking services for the grandchild?
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