Newark, NJ asked in Estate Planning and Probate for New York

Q: My father died 7months before my mom and he wrote a will that he hand wrote and had it notarized and stamped.

My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing

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2 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: A will must be signed before two witnesses to be valid.

Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Estate Planning Lawyer
  • Commack, NY
  • Licensed in New York

A: First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the will is likely not valid and not probatable.

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