This party may not be one of the two required witnesses. The person who signs the testator’s name must state on the will he did so, must sign his own name and state of residence. If the testator cannot physically sign his name, he may direct another party to do so. Each witness must sign the will in the presence of the testator within 30 days of the testator’s signing and should place their address of residence with their signatures. ![]() “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding.Ī will must be in writing, signed by the person making it (testator) and by two witnesses. May I put this in writing, have it witnessed and notarized without using an attorney?Īnswer: In New York, any person 18 years of age, or a minor lawfully married, and of sound mind may make a will. I have two nephews who should inherit the co-op in the future. We have very small savings and no other investments. We do not have a lot of income, and we know we should have a will in the event that we die at the same time. The guidelines governing Wills are different by state however, in Florida, your. I am still working as an independent contractor in the fashion industry, and my husband is basically retired but works two days a week as a host at a restaurant in New York. Does a Last Will and Testament need to be notarized or witnessed in Florida. We own a co-op in New York City with no mortgage. Question 2: I am a 63 year- old woman, and my husband is 69. In sum, you are now controlling your own future health-care instructions, ultimately removing the burden from your family members and medical providers. Your living will translates to the possession and control of your own persons. ![]() Thus, you should retain an attorney for its preparation.įinally, you need a living will, health-care instructions/directives. But certain requirements are necessary for a valid power of attorney. Why? If you become incapacitated or disabled, unable to manage your affairs, the need arises to have a durable power of attorney in place. You should have prepared a durable power of attorney. Remember that wills crafted by lawyers in Pennsylvania enjoy a strong presumption of validity. If you have something different listed in the will, what is on the account takes precedence. You may have a life insurance policy or retirement account that names a beneficiary as part of the process.
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