QUESTION
i am 79. my nephew wrote wills for myn wife and me in 1987. some dates were not complete and the info where the rotary puts his seal is not complete.
Asked on Feb 11th, 2016 on Wills and Probate - Georgia
More details to this question:
could i fill in the dates and have it properly notarized and would it then be ok? my nephew is a lawyer.
2 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
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I do nto believe yoru idea is very sound. The witnesses have already signed saying they saw you execute the will as it was when you signed it. Sometimes, changes, or additions to a will after its execution will invalidate the will. If you are uncertain about the validity of your wills, you shoudl ahve a lawyer review them and decide whether doing a new will makes sense.
Answered on Feb 12th, 2016 at 6:07 AM
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No, you cannot fill in dates after the fact and then have the document notarized. In addition, if the Wills were done in 1987, they really should be updated completely anyhow. There have been an enormous number of changes in both Georgia and federal law since 1987, and, while a properly-drafted and properly-executed 1987 Will might be okay, it certainly isn't likely to really be the best option.
Please do yourselves and your family a favor, consult a good estate planning attorney (I can't say whether your nephew would fit that description or not), and get new documents prepared. In addition to new Wills, consider getting powers of attorney and advance directives for health care in place.
Answered on Feb 12th, 2016 at 5:39 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.