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JudyKayTee · May 12, 2008, 07:28 AM

Originally Posted by ScottGem

Judy is correct about proof. The notary is not going to admit she wasn't in the room, since that would probably lose her, her notary status. A notary has to witness the signature and verify the identity of the signor to put their stamp on the document.

As noted a spouse cannot be completely disinherited, but if your brother recevied some property or assets in the will, the property and home could have been left to someone else.

You also mentioned, previously, that the sis-in-law deeded the property to your brother as executor. But unless the will or a probate court appointed her as executor, she had no right to do so.

Again, you need an attorney to unravel this mess.

I will add a PS - the notary is required to keep a record of all papers notarized, proof of identity of the person signing, any pertinent facts/concerns. In theory that book would still be in existence. But no notary is going to admit they notarized a "stale" signature.

All the notary does is confirm the identify of the person signing and then verify that that is that person's signature - notaries do not review the contents of the document for accuracy/truth or have an opinion on the condition of the person signing. I have refused to notarize documents when the person has appeared impaired but that is purely my personal choice because I don't want to get involved in one these situations 12 years from now.

When a Will is involved there are WITNESSES, not notaries - witnesses can then sign a notarized statement for submission to the Court but the Will itself is not notarized.

(NC does accept handwritten wills - not all States do.)

ncdeedee · May 12, 2008, 07:30 AM

Thanks Scott... there never has been a rental agreement... my brother has just lived there for the last 12 years... he has never been asked to pay rent. He has also paid the taxes on the property for the last 12 years too I think it was sort of a verbal agreement between him and the son in loo of rent maybe?

ScottGem · May 12, 2008, 07:53 AM

That's a possibility. If a payment wasn't made the son could use that.

But in the absence of a written agreement, the son could issue an eviction forcing your brother to move the home. But that still means going to court where this whole can of worms can be opened up.

ncdeedee · May 12, 2008, 08:05 AM

Thanks so much for your time and advice... contacting attorney now... have a great day

ScottGem · May 12, 2008, 08:07 AM

Keep us posted.