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PDF Editor FAQ
How does one ensure attorney execution of last will and testament in any given circumstance of compromised communication/documentation upon death?
First and foremost, anything that you want to bind your attorney to do needs to be part and parcel of your will. It needs to be executed as a legally valid will or codicil, including signatures of witnesses and/or notarized (as the law in your state requires). Your attorney should retain a copy of all documents related to your will and posthumous wishes, and you should additionally store a signed, notarized, and witnessed copy of those same documents somewhere that your heirs can access after your death that is outside the control of your attorney (a safety deposit box, for example). This will ensure that, after your death, your exact wishes are available both through your attorney as well as through some other disinterested third party, such that your heirs can ensure that your wishes are carried out in the manner in which you specify.There's nothing that you can do after you die (obviously!) to ensure that your wishes are carried out, which is why it's crucial to have everything you want recorded legally and secured before you pass.
Can a last will and testament be changed?
I have never come across a country where it couldn’t be changed. People change their minds, and so can change their wills.That is the whole premise behind the John Grisham book, The Testament (spoiler follows). The book starts with the lead character assembling all his heirs from his different marriages, they all have experts check him and testify that he is sane, then he solemnly signs a will that they have all agreed on. But as soon as they leave, he whips out a second will, and signs it, revoking the first.In theory that is perfectly permissible in most countries. You can supersede a will by leaving a new one. You can simply revoke an old will. Or you can supplement it by leaving a codicil. In many countries wills also get revoked by certain acts - for example, in many countries getting married will revoke a prior will.
Is a Last Will & Testament legal if you do it yourself, does it need to be notorized, do we need to file it before or after death, where do we take it to have it filed & on record?
Autographic or Holographic wills, as these self-drawn wills are known, are valid in most jurisdictions. The challenge with these or any wills is their ability to be proven. Thus, a will that has credible witnesses attesting and signing before a notary public will carry more weight in a court than one that is drawn up, signed and left on a nightstand.This standard applies to revisions to wills (aka codicils) and to new first wills. The idea is to prevent challenges.The gold standard is a will that is drawn up by a competent attorney (not legally necessary but advisable), with the will including the standard parts typically expected. These include but are not limited to: attesting to free will and deed, that all prior wills are revoked, that all debts and taxes be paid first, that the residual estate be clearly defined and distributed and that any mention of a person one definitely wants to EXCLUDE be mentioned so that one cannot say it was forgotten in the process. Also care must be taken not to defame or disparage the person you are excluding, as that in itself can lead to a challenge.Once drawn up, such a will would be filed in the appropriate county courthouse and registered with the probate court. Such a will would be given deference (priority over) any other will found pertaining to the deceased.It is also understood that the will is drawn up before a person’s death but having this filed after death is sometimes done, if it is a death-bed last will and testament. Such wills would bear higher scrutiny given the circumstances and the parties will often be brought in for interviews if there is any hint of impropriety. I am a Notary Public here in Massachusetts and while I do not and cannot practice law under this office, I had notarized some modifications to a death-bed last will and testament. The parties were brought in before a probate judge to assure for the record that all facts were established. This prevented a challenge from an excluded person, about whom these changes were made.(This above does not constitute legal advice but is a high-level list of some of the salient points).
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