How To Sign Oregon Banking Last Will And Testament

Signature last will and testament

good evening my name is Laura b1 and I am the founder of coach me Laura comm and owner of at your service Mobile Notary I want to talk to you tonight about last will and Testaments but before I do I just need to give you that legal disclosure though I'm not an attorney and I cannot give you legal advice what I do want to share is based on my experience with customers approaching me about getting their will notarized what you need to know is that two witnesses is what the requirement is for wills and almost every single state now one state does require three and there may be a couple of states that require notarization on top of the witnesses but for the most part the two witnesses and the will makers signatures are all that's required now you can notarize a will under different conditions one would be there's an attestation clause and an attestation Clause is simply going to state that the will maker and witness one and witness two were all in each other's presence at the time of signing and that they are aware that the document that was signed was the will makers last will and testament the other thing would be if there is a self-proving affidavit that's a very similar document that does the same thing and again you would notarize the will maker and the two witnesses and that typically has a juror on it so why do you need that if you've already done the will and it just needs two witnesses why bother with the other document here's why because probate the probate process is slow and this document which is notarized would then expedite the probate process by verifying those witnesses upfront with the notary then the court doesn't have to do it now there's one other occasion when you could notarize it even if you don't have an attestation Clause or self-proving affidavit and that would be just because they asked to do it however and this is a big one it may never replace the requirements of two witnesses that means two people who are there at the time of signature they watch the signers sign their document that is incredibly important to have happen now a will is easily done on your own so they can go to legal a Legal Zoom Rocket Lawyer they can go to office max and download these or buy these documents but they're very sensitive because they deal with the assets after the will maker is gone now not everybody goes through probate however most will if you have real estate that you own or you have liquid assets over a certain threshold amount and every state is a little different with that so how do I avoid the probate process you avoid it by not owning anything that's your death or by having a living trust and a living trust is a vehicle for you to give up ownership of your assets your real estate many other assets during your lifetime to the trust the trust owns it and you own the trust and then you manage all those assets for your own benefit during your lifetime and you make provision for those who are left behind and who you would like to get what so those are the ways you can work around that now if you're thinking about a living trust please seek the services of an attorney or a professional that can help you with that because I'm not going to be able to give you advice on whether a trust is good for your situation or not I hope what I've shared with you today is helpful the next time you're approached about whether or not you can notarize there will thanks for listening until next time