QUESTION

Can the witness in a will also be able to sign for the person writing the will, if the person has bad hand writing?

Asked on Nov 05th, 2013 on Estate Planning - Nebraska
More details to this question:
The son hires his own lawyer to have his dad make a will, because he is dying. Leaving himself most of everything. The dad's signature is bad because he's ill. Can the witness sign for him? If someone says thereโ€™s a notary, don't they have to stamp it with their seal and sign it? Not print it. All signatures were printed, even lawyers name.
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11 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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A witness cannot sign for a party.. however if someone cannot write a simple x on the signature line properly witnessed will do.
Answered on Nov 13th, 2013 at 4:26 AM

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Edwin K. Niles
There is a procedure for signing for a disabled person, but this ain't it. Further, a notary is not required. Amateur hour.
Answered on Nov 07th, 2013 at 7:00 PM

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David Thomson Egli
A will must be signed by the testator or in the name of the testator by some other person in the testator's presence and at the testator's direction. I see nothing in the probate code section that would prevent a person doing this and also signing as a witness. California does not require the signature of the testator or of a witness to be notarized.
Answered on Nov 07th, 2013 at 6:59 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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There is a special notary statute which would allow the notary to sign for the guy. It sounds like he may have signed himself. I do not think the son can sign for him. Since there was a lawyer used, I would assume that proper procedures were followed. Printed signatures are fine.
Answered on Nov 07th, 2013 at 6:59 PM

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OK, the son getting a lawyer to do dad's will, for starters, is a badge of some wrongdoing here. That should be looked into. Get a lawyer and evaluate a will contest. If you don't, son is going to win and no one in the family will ever feel the same about Dad. Someone can sign for the testator; the witnesses have to see and hear the testator ask that person to sign his name to the will, so that doesn't seem like a problem in this case, that could be ok. All the signatures being printed sounds like fraud not that you can't print your name and call it your signature, but nobody does that. If you ask me to sign a document, you can't tell me how to do it; I sign my name as I always sign my name. It's my signature. No one notarizes a will. Let me say that again, because this is something that NOBODY seems to understand: wills are not notarized. The testator's signature is witnessed by two people, who sign their names to the will as witnesses. One of the witnesses could be a notary, but that's beside the point, that person is not acting as a notary, just as a witness. That will would be fine, but in order to submit it to probate you'd have to bring the witnesses into court to testify that they saw the testator sign. Nobody does that. Instead, when the witnesses sign the will, they also sign an affidavit that says they saw the testator sign the will. The affidavit has to be notarized. You keep the affidavit with the will, and it serves as the witnessses' testimony that they saw the testator sign, making the will "self-proving." So, unless you were actually there, and were one of the witnesses, and heard dad ask a witness to sign his name to the will, here's what I think happened: son created a document, forged dad's name to it, forged the witnesses signatures on it (badly) and now is trying to baffle everybody with this BS. Hire a lawyer, or forever hold your peace.
Answered on Nov 07th, 2013 at 6:59 PM

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Probate Attorney serving Las Vegas, NV
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You should have the purported Will reviewed by an attorney.
Answered on Nov 07th, 2013 at 6:58 PM

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Thomas Edward Gates
No, only the Testator may sign for themselves.
Answered on Nov 07th, 2013 at 6:58 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Red flags are going up. Have the will reviewed by an attorney. It is very suspect, but the will must be signed by the decedent and must not be a product of undue influence from the son.
Answered on Nov 07th, 2013 at 6:58 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You are advised to obtain the services of a probate litigation lawyer to examine the will to determine its validity, as a witness cannot be a witness and sign the will maker's name to the will.
Answered on Nov 07th, 2013 at 6:58 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would need the details but generally a will should be signed or marked by the testator, and such witnessed or notarized.
Answered on Nov 07th, 2013 at 6:58 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The father should have signed the will, even if it was nothing more than an X. No one else can do this for him. The purpose of the witnesses is to verify by adding their signature to the document that the testator actually signed the will and was competent to do so. If the state requires the will to be notarized, the notary's signature and seal must be present.
Answered on Nov 07th, 2013 at 6:57 PM

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