Can you witness a will and be the Executor?

smearcase · Sep 25, 2008, 11:24 AM

Varies greatly by state. This reference may be a start:
Survey of State Law--Witnesses to Last Wills

ScottGem · Sep 25, 2008, 12:20 PM

It shouldn't be a problem. If there were other heirs who might want to contest the will, it might cause issues. But if the 4 kids are not going to contest you are OK.

JudyKayTee · Sep 25, 2008, 12:49 PM

Quote:

Originally Posted by cmalone

My parents have both passed away in the past 5 months. Mother's will left all to my Dad. Dad's will left all to us four kids. Both wills were written and notorized on the same day several years ago. My sister and I were witness to both wills as well as another witness. Now that Dad has passed away unexpectedly we realized that we witnessed this will and we are the two Executors. This is a small estate with a house and it's furnishings, two small checking and two small savings. Will this be a problem?

I don't advise this and Attorneys usually shy away from it but there is no problem.

In order to have a problem someone would have to protest and it doesn't sound like you've got that issue.

When you say notarized, I trust you mean witnessed? Or was this done without an Attorney?

Fr_Chuck · Sep 25, 2008, 01:33 PM

Normally not done, surprised the attorney that did the wills allowed this. But esp since there was a notory who is the main witness in many ways, since they witness the fact the people are who they claim to be at signing. I see no problem.
And to be honest the only real issues will come if there is someone contestng the wills where there can be a future legal battle

cmalone · Sep 29, 2008, 06:02 AM

Quote:

Originally Posted by Fr_Chuck

Normally not done, surprised the attorney that did the wills allowed this. But esp since there was a notory who is the main witness in many ways, since they witness the fact the people are who they claim to be at signing. I see no problem.
And to be honest the only real issues will come if there is someone contestng the wills where there can be a future legal battle

It was my sister, me, another witness and the notary. Your answer seems to agree with others. There will be no conflict between the siblings - we make sure we agree on things before we act.

cmalone · Sep 29, 2008, 06:05 AM

Quote:

Originally Posted by JudyKayTee

Quote:

Originally Posted by cmalone

My parents have both passed away in the past 5 months. Mother's will left all to my Dad. Dad's will left all to us four kids. Both wills were written and notorized on the same day several years ago. My sister and I were witness to both wills as well as another witness. Now that Dad has passed away unexpectedly we realized that we witnessed this will and we are the two Executors. This is a small estate with a house and it's furnishings, two small checking and two small savings. Will this be a problem?

I don't advise this and Attorneys usually shy away from it but there is no problem.

In order to have a problem someone would have to protest and it doesn't sound like you've got that issue.

When you say notarized, I trust you mean witnessed? Or was this done without an Attorney?

There will be no contest between us. We did not use an attorney. Just another witness and the notary.

cmalone · Sep 29, 2008, 06:07 AM

Quote:

Originally Posted by smearcase

Varies greatly by state. This reference may be a start:
Survey of State Law--Witnesses to Last Wills

thanks for referring me to the book

JudyKayTee · Sep 29, 2008, 07:38 AM

[quote=Comments on this post
Cmalone : There will be no contest between us. We did not use an attorney. Just another witness and the notary.[QUOTE]

Who wrote the Will? Some of this will depend on whether the Will was totally in compliance with your State's Laws. If so it will be admitted to probate and there should be no problems.

Can you witness a will and be the Executor?

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