The will is notarized by the person to receive the money ..is this legal ?

[stormykisses]

What is the name of your state?What is the name of your state? illinois

My grandmother passed away about 2 months ago. In her will my 5 cousins and myself were to get money from the sale of my grandmothers house. My cousins and I were told we would receive this money when the house sold. About 72 hours later a second will surfaced. In the second will the 6 grandchildren were no longer to receive money from the sale of the house. All of the money for the sale of the house ,would go to my mother and her 2 sisters. The second will was signed by 2 witnesses ( who also witnessed the first will ) , and NOTARIZED by the middle sister who was to receive her share of the money. Also , the orginal document of the second will , can not be found. My question is : Can someone notarize a document that benefits financially from the document ? Does the fact that the notary benefits by the document , even though there are 2 witnesses signatures, make the entire document void ? Or does the 2 witnesses signature over-ride the notary signature ? And is the copy valid , when the original can not be found ? I'd appreciate any help I can get on this. Thanks in advance .

Wendy

 

[seniorjudge]

What is the name of your state?What is the name of your state? illinois

My grandmother passed away about 2 months ago. In her will my 5 cousins and myself were to get money from the sale of my grandmothers house. My cousins and I were told we would receive this money when the house sold. About 72 hours later a second will surfaced. In the second will the 6 grandchildren were no longer to receive money from the sale of the house. All of the money for the sale of the house ,would go to my mother and her 2 sisters. The second will was signed by 2 witnesses ( who also witnessed the first will ) , and NOTARIZED by the middle sister who was to receive her share of the money. Also , the orginal document of the second will , can not be found. My question is : Can someone notarize a document that benefits financially from the document ? Does the fact that the notary benefits by the document , even though there are 2 witnesses signatures, make the entire document void ? Or does the 2 witnesses signature over-ride the notary signature ? And is the copy valid , when the original can not be found ? I'd appreciate any help I can get on this. Thanks in advance .

Wendy

Hire a good Illinois probate lawyer. It sounds to me like something very fishy is going on. Contest the will. Do it soon...time is running out.

 

[Dandy Don]

Notarization is not even a factor here. Too bad that the 2 witnesses didn't consult with an attorney for their fraudulent will--if they had gotten 2 other witnesses who were not beneficiaries, then they could possibly have gotten away with it. A witness can not also be a beneficiary--so her bequest will be cancelled, but that does not necessarily mean that the will is void.

YOU don't know where the 2nd will is, but how do you know for sure that the 2 witnesses don't know where it is? No, a copy is NOT valid, which is good news for you.

You need to concentrate on finding the original of the first will (that is, if the 2 witnesses haven't conspired to destroy it or throw it away or hide it away from everyone else). Have you checked at the courthouse to see if anyone has filed the will for probate yet?

Your side wins if you get to the courthouse first to get your will filed. If their will is filed you will need to contest it. And if no one has filed anything you need to discuss with a probate attorney whether it would be wise for you all to open up this estate for probate without a will and you need to find out what your share of the estate would be.

Good luck, and let us know what happens with this--certainly a most interesting case!!

DANDY DON IN OKLAHOMA ([email protected])