Do I have to sign my will in front of my lawyer?

[Sweet Freedom]

Can anyone help me? I had a lawyer draw up my will over a year ago. I approved a final version and my lawyer told me that I needed to sign the will and have it notarized in his presence.

Is this true? Do I HAVE to sign the document in front of him? Can't I take it to any notary and have it signed and witnessed?

By the way, I'm in Texas...

Thanks for any help!!!

[kick-ass-bob]

1. Any notary will do.

[Sweet Freedom]

4. That's what I thought...

I can't understand why my lawyer is insistent that I can't do this.

[Rabrrrrrr]

2. Nah, just give him everything you own now

and help your family avoid all the lengthy legal hassles later that will result in the same thing anyway.

Actually, I don't have any kind of helpful answer for you. I would think a notary would be sufficient, since that's the function of a notary, and I can't imagine there are many notaries who feel the need to travel all the fuck over town to different lawyers' offices just to notarize wills.

But, being a will, who knows?

[MindPilot]

3. AFAIK, and I'm not a lawyer

you don't HAVE to have it witnessed at all; that just makes life easier for your executor.

[ElaineinIN]

9. Not true in Indiana and I think in most states

In most states, you must have your will witnessed by at least two disinterested witnesses--I think Vermont requires three. In many states, you don't need it to be notarized, unless you have a self-proving affidavit attached, which does make your executor's life easier.

It is not necessary to do it in front of an attorney--but here's why I recommend it. First, there are usually statutory requirements for validly executing a will, which the laywer will know about. Second, if there is any question regarding testamentary capacity or undue influence, having the lawyer there will bolster the argument. Finally, there are steps to be taken after the will is signed, usually, which I typically discuss with the client after the will execution meeting.

I don't know Texas law, but I would strongly recommend against just going and having it notarized. Even if you don't go into the office for what ever reason (and it happens... timing, disabilities, etc.), make sure you get detailed will execution instructions for your state.

And lets be careful out there.

[GumboYaYa]

5. The laws vary by state.

IN Missouri you need two witnesses and a notary, but the attorney is not required. The most witnesses required in any state is three, so you are safe if you use three witnesses.

In Missouri, you also have to state to the witnesses as you sign the will: I am of sound mind and body. I have reviewed this will and testament and understand that it disposes of my property on my death. I intend for my property to be disposed on my death in the manner set forth in this Will and Testament.

I usually insist that my clients sign their wills in front of me, not b/c it is a legal requirement that I be there, but b/c it is the only way I can be sure that all the other legal requirements for signing the will are met.

[Sweet Freedom]

7. Good info, thank you.

I guess I'll ask him if the law requires this or not. (I just can't get an appointment with him. Everytime I try, he, the notary, or the witnesses are out of the office. It's maddening.)

[JimmyJazz]

6. No. But it does have to be properly witnessed and notarized.

The lawyer doesn't have to be present. Also, make sure you initial every page in the bottom corner.

This site might be helpful since it pertains to Texas law:

http://home.earthlink.net/~laanderson/wills.htm

Good luck :hi:

[Sweet Freedom]

8. Thanks for the link, I'll check it out! /nt

[sandnsea]

10. No

But since the lawyer took your money to draw up your will, he/she probably has a certain ethical responsibility to make sure it is witnessed and notarized properly. What's the problem with signing it in the office?