QUESTION
If a Will made by, my mother in law is for their four sons, can I become witness for that Will as daughter in law of owner?
Asked on Nov 17th, 2012 on Estate Planning - Maryland
More details to this question:
Basically, the property is in the name of my mother in law and now she wanted to make Will and distributed this property among his four sons and some share for her daughter. In this case can daughter in law made witness of this will or not.
15 ANSWERS
Idaho Code 152505(b) specifies that a will is not invalid because it is signed by an "interested witness." Idaho Code 151201(25) defines "interested person" to include heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against the estate. So, yes, as the daughter in law of the will maker you can witness it. However, if only disinterested persons serve as the witnesses to the will, there is less opportunity to impeach their testimony by showing motive that a judge might take into account in deciding if you are telling the truth, if it comes to that in a will contest. So, I always use disinterested persons as witnesses, unless impractical.
Answered on Nov 21st, 2012 at 5:43 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Michigan does not require disinterested witnesses. It is still better to have disinterested witnesses, because it eliminates arguments of undue influence. If everything is split equally by the family members, it is less likely someone will contest the Will.
Answered on Nov 21st, 2012 at 5:41 AM
Shadi Ala'i AlaiShaffer
She could but I do not suggest this. I highly suggest that two disinterested witnesses unrelated to mother or her children sign the Will. Also, please be aware if she has any real property or money over $150,000 a Will alone will not avoid Probate Court. The only way to do this is to have a Revocable Living Trust which I highly suggest she obtain if she has any real property in CA or assets above this amount.
Answered on Nov 21st, 2012 at 4:23 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Yes, as long as you are not a beneficiary under the will.
Answered on Nov 21st, 2012 at 4:12 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I would advise having a non-interested, non-family member be one of the witnesses.
Answered on Nov 20th, 2012 at 1:41 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, a person "interested in the will" (a person who takes a share) can be a witness to the testator's signature.
Answered on Nov 19th, 2012 at 3:27 PM
A disinterested witness would be a better choice for witness and does not have to be "filled in" about the details. The testator need only say in the presence of the witness that the document correctly reflects her wishes and that she signs it willingly and voluntarily.
Answered on Nov 19th, 2012 at 3:26 PM
Thomas Edward Gates
If your husband is to be a beneficiary, you cannot sign.
Answered on Nov 19th, 2012 at 3:26 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You can be a witness if you are not a receiver of a distribution from the will. But I would not, as you are related to the family, and there may be some arguments in the future, and your witnessing may become an issue for someone in proof of capacity of the person making the will.
Answered on Nov 19th, 2012 at 3:14 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If daughter in law is not a beneficiary, she can be a witness. It is still better to use third parties who are not related or married to beneficiaries.
Answered on Nov 19th, 2012 at 3:11 PM
Estate Planning Attorney serving Anaheim, CA
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Dwight Edward Tompkins
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yes, but it would be better if your mother-in-law used neighbors or friends, instead of anyone in the family.
Answered on Nov 19th, 2012 at 2:59 PM
In such a question as this, it is always better for an objective and un-related person to be the witness.
Answered on Nov 19th, 2012 at 2:16 PM
Whether it's legal or not in your state, it's better to choose witnesses who are not tied to the testator by either blood or marriage.
Answered on Nov 19th, 2012 at 1:23 PM
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It is never a good idea for family member's to witness another family member's Will.
Answered on Nov 19th, 2012 at 1:23 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Yes, you may witness your mother-in-law's will.
Answered on Nov 19th, 2012 at 1:20 PM