Q: Im beneficiary to a will in Colorado, but the owner of the will had me sign and got it notarized. Was I supposed to sign
A:
For answering your question, I presume you mean that you signed the will as a witness. Generally speaking, a will is still valid on its face when signed by the testator (creator of the will), signed by two witnesses, and notarized. Here are some points to consider:
Under Colorado law, a beneficiary of a will is generally allowed to serve as a witness to the execution of the will. However, it is important to note that having a beneficiary serve as a witness can raise questions of potential conflict of interest, which may be subject to legal challenge.
Colorado Law (CRS § 15-11-502) provides that any person who is generally competent to be a witness may act as a witness to a will, including a beneficiary or the spouse of a beneficiary. However, if the witness is also a beneficiary of the will, the gift to that beneficiary may be voided, unless there are at least two other disinterested witnesses who sign the will.
It is generally advisable to have witnesses who are not beneficiaries of the will, to avoid any potential conflict of interest or legal challenge. If the creator of the will is worried about a challenge to the will by another interested party, it is advisable to execute a will with a notary and two disinterested witnesses.
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