Does my WillMaker software "Will" only need 2 witnesses or Need offically Notorized ?

[OverRunWithSons]

Does my WillMaker software "Will" only need 2 witnesses or Need offically Notorized ?

What is the name of your state? Pennsyvania

I am sure this question has been asked many many times.... but it always says ...check the laws in your state, so I still do not have the answer. I did not care to see a Lawyer yet as we plan to change the Legal Guardian on this will within 2 yrs anyway--to my oldest son. No relatives want to be Legal guardian anyway -we have 5 -going on 6 children. But still should have a Will as we are debt free, Home & property owner, and have life insurances. So if I do not need to have it officially notorized, I would rather not go to the trouble--for now since it will need changing very soon. I know I need at least 2 witnesses (what most articles I have read said). And where should this WIll be kept, do I need to register it somewhere in our Local Court House ? How do I find the specific Laws on this in the state of PA?? Thanks

 

[OverRunWithSons]

I know nothing about Trusts--maybe this is what I need to look into ??? As you can see, We have held off making a Will simply because we have no suitable willing Guardian to appoint at this time--for this many kids. Really, who would want that responsibility??? My oldest son is willing when he is allowed to do this, but that has it's own issues as he wants to attend College. Chances are nothing will happen to us. But what advice do you have for this particular situation? We by far are not a RIch family, by normal standards, but considered low income. Aren't Trusts there for the RICH ? I have read about them, but still do not understand what they are accually. Thanks

 

[seniorjudge]

What is the name of your state? Pennsyvania

I am sure this question has been asked many many times.... but it always says ...check the laws in your state, so I still do not have the answer. I did not care to see a Lawyer yet as we plan to change the Legal Guardian on this will within 2 yrs anyway--to my oldest son. No relatives want to be Legal guardian anyway -we have 5 -going on 6 children. But still should have a Will as we are debt free, Home & property owner, and have life insurances. So if I do not need to have it officially notorized, I would rather not go to the trouble--for now since it will need changing very soon. I know I need at least 2 witnesses (what most articles I have read said). And where should this WIll be kept, do I need to register it somewhere in our Local Court House ? How do I find the specific Laws on this in the state of PA?? Thanks

First of all, you cannot will human beings in this country. Thus, your "legal guardian" provisions are useless.

Second, relying on one of these programs is very risky. Have a lawyer do it.

 

[moburkes]

What is the name of your state? Pennsyvania

I am sure this question has been asked many many times.... but it always says ...check the laws in your state, so I still do not have the answer. I did not care to see a Lawyer yet as we plan to change the Legal Guardian on this will within 2 yrs anyway--to my oldest son. No relatives want to be Legal guardian anyway -we have 5 -going on 6 children. But still should have a Will as we are debt free, Home & property owner, and have life insurances. So if I do not need to have it officially notorized, I would rather not go to the trouble--for now since it will need changing very soon. I know I need at least 2 witnesses (what most articles I have read said). And where should this WIll be kept, do I need to register it somewhere in our Local Court House ? How do I find the specific Laws on this in the state of PA?? Thanks

And, apparently, you also know what date you and your spouse will die, since you KNOW that you will have the opportunity to revise this will before then.

 

[fairisfair]

And, apparently, you also know what date you and your spouse will die, since you KNOW that you will have the opportunity to revise this will before then.

Now, NOBODY could possibly not laugh at that!!!!

 

[OverRunWithSons]

I already have 2 wills written (one in husband's name ) and another in My name, but it has the 2 sisters as Guardians -which neither would want to do. Their really is no one else. What suggestions do you have for this problem, obvioulsy I know I can not MAKE anyone take my children, did the second reply think I did not realize this, that I can not will any Human Being? Is that what he meant??? A little confused by responses here. My oldest son is willing to be the guardian when he is of age. So I wait . I just thought in the meantime, I can use the 2 wills i have written (by this software) and get friends to sign it. Even if the Guardian issue is not settled, the rest could be. Then when Son is 18, I can go to the Lawyer and get it done officially correct. Really, what would YOU do ???

 

[seniorjudge]

I already have 2 wills written (one in husband's name ) and another in My name, but it has the 2 sisters as Guardians -which neither would want to do. Their really is no one else. What suggestions do you have for this problem, obvioulsy I know I can not MAKE anyone take my children, did the second reply think I did not realize this, that I can not will any Human Being? Is that what he meant??? A little confused by responses here. My oldest son is willing to be the guardian when he is of age. So I wait . I just thought in the meantime, I can use the 2 wills i have written (by this software) and get friends to sign it. Even if the Guardian issue is not settled, the rest could be. Then when Son is 18, I can go to the Lawyer and get it done officially correct. Really, what would YOU do ???

You can name anyone as guardian.


The court, however, does not have to allow what you wanted.

 

[OverRunWithSons]

So I do not need a Notorized Will in the state of PA. I can simply have my 2 witnesses ?

 

[moburkes]

Must a Will be Witnessed in Pennsylvania? "No, but two witnesses, subscribing or non-subscribing, must appear at the Register of Wills' office at the time of probate to prove and identify the testator's signature. Subscribing witnesses may appear before a notary. A will witnessed by subscribing witnesses can better survive a will contest because the testator's legal capacity to make a will is presumed. When a self-proving affidavit accompanies the original Will, it is not necessary for the original witnesses to appear before the Register of Wills." Last Will information from Bucks County Government; See Also Pennsylvania Consolidated Statutes, "DECEDENTS, ESTATES AND FIDUCIARIES" (Title 20), § 3132. Manner of probate. "All wills shall be proved by the oaths or affirmations of two competent witnesses ... ." Link.

 

[OverRunWithSons]

Thank you very much for your reply, that is how I thought it works. I plan to have 2 friends that are NOT in our will to sign when we sign, and when my son turns 18, I most likely will go to a Lawyer to get one written up for him to be Guardian, unless I read enough myself to go through the maze of how I should do this --if me & Husband should die first & leave everything to children. I have purchased apprx 4 books to help explain all of this to me. Estate Planning for Dummies to start with. It helped me understand some of the terminology in the last reply. I did not know what a Testator was before I got this book. Thanks again.

 

[moburkes]

Thank you very much for your reply, that is how I thought it works. I plan to have 2 friends that are NOT in our will to sign when we sign, and when my son turns 18, I most likely will go to a Lawyer to get one written up for him to be Guardian, unless I read enough myself to go through the maze of how I should do this --if me & Husband should die first & leave everything to children. I have purchased apprx 4 books to help explain all of this to me. Estate Planning for Dummies to start with. It helped me understand some of the terminology in the last reply. I did not know what a Testator was before I got this book. Thanks again.

Are you not understanding that you cannot will your children? You can state your wishes, but that does not mean that your wishes will be honored.

 

[colourfastt]

Are you not understanding that you cannot will your children? You can state your wishes, but that does not mean that your wishes will be honored.

That goes along with the myriad of questions in this forum: "My ************** just died. Do I need to probate the will, or just distribute everything according to it?"

 

[OverRunWithSons]

MoBurkes...I am confused by your reply to me, what do you mean, I can not "will" my children, I read that if a child is 18 yrs old, and he is WILLING, he is able to become Guardian, so what are you talking about ??? I understand he may not be found fit, but when their is NOONE else to name, or willing, what are your suggestioins to me, take out a listing in the paper? What do YOU think the Court would do???? Put them in foster care BEFORE giving them to the oldest willing sibling--who will inherit a nice chuck of money without any debt to raise them?? I can not make anyone Be my Guardian if the worst happens, I GET THAT very clearly, this is why I have not went to a lawyer to get anything done as who would I name at this point, there is noone.

 

[Zigner]

Let's make this VERY clear. You cannot decide who the children get to stay with. You can only express your wishes. The courts will decide what is in their best interest.

 

[moburkes]

Let's make this VERY clear. You cannot decide who the children get to stay with. You can only express your wishes. The courts will decide what is in their best interest.

You can only will property (jewelry, houses, boats, cars, papers, etc), but you cannot will children. You can, as Zig stated, express your wishes, but only the court can determine what ends up being carried out.