6 Ways To Ensure Your Will Is INVALID

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3 жыл бұрын

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Sometimes wills are declared invalid because the Will does not meet the validity requirements necessary for a valid will.
Know that after you die, your Will gets presented to a judge. And it is the judge's job to determine whether your last will and testament is valid.
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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney

Пікірлер: 81

@ifranksultan Жыл бұрын

6 Ways To Ensure Your Will Is INVALID 1. Not Signing each page 2. Not notarized (depending on state) 3. Not having two competent witnesses (witness cannot be blind, or under 16 year old or insane) 4. Notary and witnesses were not present when you signed the will 5. You loose the original will copy 6. Attestation clause is not correct (wrong language )

@virginiamoss7045 18 күн бұрын

Thanks.

@tylenewhite5524 Жыл бұрын

The crooks created a fraudulent will that definitely a forged signature of decedent. The will was not signed on every other page. Additionally, the Executor stated on the Affidavit of Heirship that nothing is known of family of decedent; although he has known me as decedent niece for 40 years. Thanks for the power points of this video. Probate is in progress, and I am glad that I had many documents that prove that fraud and perjury was committed against my uncle and he deserves vindication. Some people can be so wicked 😒

@MileHigh_BoulderCO 10 ай бұрын

My Uncle is trying the same thing. Some people can just be gross and have a terrible heart. I hope you won the case or things are looking good for you!

@user-lx1zf3xn8o 5 ай бұрын

I know how wicked ppl are my dad had a new will digitally created by his sisters and girlfriend of 6 months while Bering suicidal and they let him get a gun and took him to the hotel and he is dead not even 24 hours later. Nice huh?

@user-lx1zf3xn8o 5 ай бұрын

He also had Parkinson’s

@user-lx1zf3xn8o 5 ай бұрын

It’s horrible bc the girlfriend isolated us from him for the last 6 months as well using his phone and listening to our conversations. I could not even see him alone to talk she had to watch and listen toeverything.

@channelv5085 Жыл бұрын

Youre Amazing, thank you for the crucial information!! Bless you Sir.

@victorbaker4585 7 ай бұрын

My mother was a notary public on a paper to show it to be legal that she wasn't legally having custody of a family member. I have a copy of this notary public with her name on the stamper. The stamper was an old 1903 stamper she wrongfully took and used from the courthouse being used during the 1970's. I learned at a very young age by way of Hine site, that what she did was wrong and no one caught her mission impossible agenda. Thank you for information and time.

@TerryProthero Жыл бұрын

In Wisconsin, where I live, a will does not need to be notarized. But by having it notarized, you can have what's called a self-proving will which can speed up probate. Because then the court can accept the will without contacting the witnesses who signed. So, apparently, there are some differences in this from state to state that a person needs to be aware of. As for the quote you were looking for: "Close only counts in horseshoes and hand grenades."

@2901nc 3 жыл бұрын

Absolutely check format! I see wills regularly who leave out an important signature line. Part of the "cut and paste" world to make sure a provision is not left out and a signature is left out.

@americasestateplanninglawy1946 3 жыл бұрын

Good observation C4. 👍 You an atty?

@denise8216 Жыл бұрын

What if ya knew the Will was not signed but Stamped and it suddenly changed after deceased Influenced 4 sure. What if they had Alzheimers? What if changes were made after decesed?

@denise8216 Жыл бұрын

@@americasestateplanninglawy1946 need info

@denise8216 Жыл бұрын

@@americasestateplanninglawy1946 8/2022

@QueenNoveen 5 ай бұрын

This helped so much! I've learned alot. Thanks so much!

@americasestateplanninglawy1946 5 ай бұрын

I'm so glad!

@Littlewolf13 Жыл бұрын

Always a pleasure-

@caleyhall Жыл бұрын

no you can ask for an official copy or a non official copy from the lawyer, the first is stamped as an official copy and can be used if the original goes missing..

@victorbaker4585 7 ай бұрын

I listened to another video you made. This video told me most of what I needed to know. Just one question please. Does the Notary have to be a licensed attorney?

@Laszlomtl 4 ай бұрын

Excellent !! Thank you. Laszlo Montreal

@LGM4 3 жыл бұрын

Seriously great videos! GOLD! Thank you!

@americasestateplanninglawy1946 3 жыл бұрын

Thanks LM. 😎

@rossimarti 7 ай бұрын

Biggest SURPRISE for me is that ORIGINAL PAPER document is still required… yet, in a time when we digitize everything: fax, scan, email, text/SMS, use “share” links, phone-scan, backup/upload to the “cloud,” and so on… perhaps some “language” like, “I authorize photocopies hereof to have the same utility and executive authority as this original document, and to function in place of this original.” Just a thought, but, of course, not legal advice, and I am not aware of any precedent.

@lostinmyspace4910 2 жыл бұрын

Even the best wills and living trusts are like wallpaper. There's no glue on the backside and nothing sticks. I don't give a shit what's written. If someone wants to contest it, now you have lawyers involved on both sides. And they get paid first. And oftentimes who contests it wins despite what the wallpaper said. Happened to our family. And the wallpaper was drafted by a very professional lawyer in a large group of expensive lawyers. In the end, the wallpaper did NOT stick. The trust was written to appease the trustor (owner of the assets) when she was alive, and directed to the beneficiaries what they'd receive. But when they contested it...they won despite what the trust said was going to happen. Wallpaper without glue. When I die, I'm going to give out cardboard boxes of cash. Some get larger boxes than others.

@Littlewolf13 Жыл бұрын

Must the testator state s/he “is of sound mind”? What if a testator has been diagnosed medically with Dementia prior to signing? Thanks! REALLY enjoy your videos!

@MyFungal Жыл бұрын

If there's no date on the will is that will valid? In the state of Maryland

@studiosingyourstyle Жыл бұрын

Can witness be family not mentioned in will?

@TxHornyToad 2 жыл бұрын

I have computer generated will where you sign on the last page but everyone “initials”on the other pages. Is this ok or invalid?

@barbarac.3001 Жыл бұрын

Are these requirements only for non-handwritten wills???

@GG-dg3oy Жыл бұрын

What if the notary date expires but everything else checks out?

@heathercarl185 3 жыл бұрын

Is the signing of each page a state specific requirement? My husband just had a will drawn up in Iowa & it was not signed on each page. It was signed on the last page and on the Affidavit page.

@TXMEDRGR 27 күн бұрын

Can more than one original will be created? In other words, if the testator, witnesses and notary all sign three exactly the same dociments, are all three considered an original?

@BobPicc1 2 жыл бұрын

In these days of more electronic documents, is there any effort to allow paperless wills? For example, Docusign is commonly used for many agreements and bank documents.

@jeffreyblack666 Жыл бұрын

I think the issue with electronic documents would be producing the original. A key part of having a physical will seems to be there is an original that can be destroyed to show that it is no longer valid. You can't do that with a contract, as with that all parties need to agree for it to be terminated. For a digital will, there would be no "original", which means there would need to be a more complex method to determine if the will is still valid.

@victorbaker4585 7 ай бұрын

How long does the statute of limitations stand on a Living Will in-which fraud has been committed?

@Tom-pc7lb 2 жыл бұрын

What if there is a scheming remote viewer helping the person make the will.

@josephkingston9252 2 жыл бұрын

Please watch this if no other

@ThePalewarrior 10 ай бұрын

What if a copy that was on microfilm ?

@jeannewitwer5072 Жыл бұрын

If you have a valid will and all your assets are listed asTOD...does your will have to go through probate? Seems redundant otherwise.

@naziakhan1784 Жыл бұрын

What happen that deceased person Will is witnessed by the same name of his daughter and family first time Saw the Will after his death.

@ItzMeNitaBoo 5 ай бұрын

What if the will can't be founded? He had a Will. But There's no Will on record. How can that happen? And are grandkids heirs?

@ritagamez3732 Жыл бұрын

I didn’t understand #6.

@GK-ji3pm 2 жыл бұрын

Illinois doesn't require initials or a signature on all pages just the final...

@tylenewhite5524 Жыл бұрын

A former court appointed executor had the nerve to sign the testator name from a will he print off the computer and he then file the fraudulent will in illinois probate court. The man also name himself, and another man, as legal heirs. Additionally, he lied under sworn oath that nothing is known of testator family. Hopefully, something can be done that this can't happen to deceive the court and rightful heirs. Jail time will be a great start to stop crooks from doing a lot of harm.

@mia7065 8 ай бұрын

What if one of the witnesses is the attorney that wrote it?

@Lucysil1970 2 жыл бұрын

@KabobHope 2 жыл бұрын

This is what makes one size fits all services like Legal Zoom so scary.

@Lucysil1970 2 жыл бұрын

I have a case where a older woman had a valid signed will leaving most of her money and properties to her children. Several months before her death, she drew up an amendment to her will leaving most of her properties to a male friend. The amendment was not signed and the woman died several months later. Now the family friend is suing the trust for the properties willed to him in the unsigned amendment. The family friend said that this is what his friend wanted and he had other people submit affidavits stating the same thing. Is this a valid case?

@lostinmyspace4910 2 жыл бұрын

Well, what does your college textbook say?

@kidneycarecoaching3766 Жыл бұрын

Hell to the no no no….

@lostinmyspace4910 Жыл бұрын

I don't hink the woman's friend will win. But the case will go before a judge for the judge's discretion. You can take anything to court. Even if her dog was left nothing, someone can represent the dog and take the case to court. It's stupid, but anything goes. The family will have to pay court costs, and it will probably be taken out of the woman's trust. I don't think he has a leg to stand on. Now, if he was just suing for 5,000, without a revised trust signed, let him have his 5,000, because it would cost more to litigate. In that case, he'd win. Doesn't that just make you sick. It should be a case of if it's not signed, you have no case...but....people grab at straws nowadays, and the *ucking lawyers egg a person on making him think he has a winable case when he really doesn't. The lawyer only has a winable addition to his legas fees. Therein lies the problem. A lawyer will take on anything for a buck or thousand. Easy money. Oh well...

@artkyger3425 8 ай бұрын

I hope not

@callmeso3714 Жыл бұрын

My sister is trying to take my grandparents trailer after she neglected it for years and my mom renovated it. My mom gave me the trailer since it was vacant for 5 years and let me have it being the youngest and I have been paying for the utilities. My sister is an alcoholic and is relying on death related income. I have been paying for its utilities for 2 years and all of a sudden she wants it back because she doesn’t want to pay rent! Can I get some advice?

@virginiamoss7045 18 күн бұрын

Do you mean a boat trailer? A camper trailer? What kind of trailer are you referring to? If, as I suspect, it's a mobile home or manufactured home it would be something you can live in. Who owns the mobile home? It's up to the owner to determine who does what with it. Need way more information here.

@amandakropen3273 2 жыл бұрын

Is dementia considered insane? I think my aunt had dementia and was influenced her son to sign my mother's will!

@TerryProthero Жыл бұрын

I'm thinking that would be a big yes.

@amandakropen3273 Жыл бұрын

@@TerryProthero I sure hope so. Unfortunatley the 2 cousins that also signed the will are mentally fine. Just greedy as hell My doctor believes my mother had dementia as wel, but as far as I know, she was not diagnosed.

@user-lx1zf3xn8o 5 ай бұрын

Please help ! I am at my wits end with this !Can a will that has been created in 24 hours and notarized and witnessed by ppl that worked for my dad be valid if he got a gun and shot himself not even 24 hours later be valid? He also had Parkinson’s and had brain surgery with a remote for electrodes in his brain to control his state of mind. And obviously he was not in his right mind bc he killed himself not even 24 hours later.

@saimaanisshaikh7487 Жыл бұрын

How can lack of capacity and undue influence be proven when the person is already dead and can not be questioned about undue influence or lack of capacity (mental or physical)?

@TerryProthero Жыл бұрын

There may be medical records or other types of evidence. But it's probably going to hard to prove even if they were still alive.

@RP-ol1ts Жыл бұрын

QUESTION?, A MOTHER OF SIX PASSED AWAY AFTER TWO OF HER CHILDREN HAD ALREADY PREDECEASED HER, A COUPLE OF YEAR'S EARLIER . LEAVING FOUR PRIMARY BENEFICIARY'S OUT OF SIX BENEFICIARY'S, WITH A FRAUDULENT LAST WILL, THAT WAS CONTESTED BY THE CONTINGENT BENEFICIARY, THE ONLY CHILD OF ONE OF THE PRIMARY BENEFICIARY, THE WILL WAS FOUND TO BE INVALID BY THE PROBATE COURT, WHAT HAPPENS WHEN THE CONTINGENT BENEFICIARY'S ATTORNEY DOS'NT FOLLOW THE LAWS OF INTESTATE SUCCESSION AND HAS HIS CLIENT GO TO MEDIATION AND HAS HIM AGGREE TO A SMALLER SHARE OF THE ESTATE, NOT HIS DECEASED FATHERS SHARE THAT HE SHOULD HAVE BEEN ENTITLED TO UNDER THE INTESTATE SUCCESSION LAWS OF CALIFORNIA. DO TO THE WILL BEING FOUND INVALID BY THE PROBATE COURT. PLEASE CONTACT THE COMMENTOR ON THIS QUESTION, ADVICE IS NEEDED.

@TomokoAbe_ 8 ай бұрын

Sheez. Just get an estate planning attorney and do it right.

@studiosingyourstyle Жыл бұрын

So I just sign my name and date at the bottom of each page ( even those without asking for signature) hope this is ok. I wonder if my witnesses should also initial at the bottom of each page?

@GManKeepsltReal Ай бұрын

He sounded like Joe Biden…”you know the thing”…lol

@kimw309 Жыл бұрын

What if the children name is incorrect

@jess_bounce Жыл бұрын

I am only familiar with Indiana law. However, generally, there is a strong presumption in the courts that the deceased person intended to leave something to their kid(s). In fact, in my state, we have to very specifically write a child out of the will if the testator does not want that child to take from the estate. We can’t just leave the kid out of the will and make no mention of it. So this is all to say, the court will likely presume the incorrect spelling of the name is just a typo and allow the child to take from the estate as long as it’s clear who the testator was referring to. But if the testator is still alive, I would recommend that he/she fix the will so that there won’t be any problems when the will is probated.

@gloriathompson6606 3 жыл бұрын

99 and a half just won’t do.

@learning2bcivil 3 ай бұрын

Almost only counts in horse shoes and hand grenades.

@jackklenk4352 2 жыл бұрын

“Close only counts in horseshoes and hand grenades”

@stevenhall9762 8 ай бұрын

"Close only counts with horseshoes and hand grenades."

@victorbaker4585 7 ай бұрын

The person exploiting/committing Will fraud could have the Living Will written up and then signed by an attorney's office in which they had worked for as to being the attorney's secretary in the past. That attorney's firm they worked for as a secretary could have also had a friend of theirs that is/was an attorney doing them a favor signing the Living Will as if they were present at the time. Please give me some input on what I've just told you. I'm on a mission to know the truth that fraud was committed on a Living Will. Thank you for your time.

@ccmarcum Жыл бұрын

Close only counts with horseshoes and hand grenades.

@mikealchin525 7 ай бұрын

Rule’s are crazy this needs to stop

@patrickkirby7612 6 ай бұрын

Jesus is there a video that just says what to put in a handwritten will?

@KidsNeedTheirDadscom 11 ай бұрын

Help us to get rid of ALL LAWYERS out of our society, completely. They do nothing but complicate .. simple .. simple .. simple .. matters, to take more .. and more .. of the public's money. All laws are created by lawyers ... for the benefit of lawyers ... to invoice the customers more ... and more ... and more ... to pad their own bank accounts. Selfish leaches who need to be removed from our society.

@johnpenguinthe3rd13 Ай бұрын

Truth.