Notary wrote Will with no witnesses!

[Zigner]

My husband is dead! He got killed in car accident in 1998. He had already told his mom he wanted me to have his land, and she agreed! She had it written in the will plus a gift from her! I have a copy. The notary just did not get 2 witnesses and her nieces that are over her property were at the notary's house when she was getting will done; but, they claim they were in a different room!

Two witnesses aren't always required. Were there any witnesses?
As you've been told above, you need the assistance of an attorney.

 

[Brokenbeam52]

I suspect (although am not sure) that the MIL had an old will that did not include the OP. There's a lot more going on here than we are being told, but that is because we're only being told the OP's side of the story.

No! My mother-in-law did not have a will that did not include me! She died intestate! The nieces in charge of her estate tried to get a new will written before she died, but that will was invalid too! The nieces claim they will ask the grandchildren to please consider giving their aunt the land Moma promised me, but I have not heard a word yet! She died April, 2018. Estate went to probate intestate! I am telling everything I know! I am really hurt that I can't get the land my husband and his mother wanted me to have. It just seems that the notary and nieces worked against me deviously! My mother-in-law was 90 years old when this was done to her! She told me years before she was 90 that she had a will, but that was not so! She died intestate!

 

[Brokenbeam52]

No! My mother-in-law did not have a will that did not include me! She died intestate! The nieces in charge of her estate tried to get a new will written before she died, but that will was invalid too! The nieces claim they will ask the grandchildren to please consider giving their aunt the land Moma promised me, but I have not heard a word yet! She died April, 2018. Estate went to probate intestate! I am telling everything I know! I am really hurt that I can't get the land my husband and his mother wanted me to have. It just seems that the notary and nieces worked against me deviously! My mother-in-law was 90 years old when this was done to her! She told me years before she was 90 that she had a will, but that was not so! She died intestate!

This happened in Orangeburg, South Carolina! That is where the property is located and the notary!

 

[Zigner]

I am sorry this has happened, but I think that the first response in your thread is most applicable. I've quoted it below. On a side note, I apologize for my questions that were unnecessary, as you did include the information in your original post.

There's nothing you can do about losing the land. Sorry, that ship has sailed.

But there might be something you can do about the notary. Perhaps report her to the Secretary of State if that is where notaries get licensed and/or to whatever authorities would be concerned with practicing law without a license.

 

[Dandy Don]

If you have any children, your deceased husband's portion of the estate will go to them.

If the 3 grandchildren you mentioned are not your children, then maybe they will be kind enough to give the land to you.

 

[Ohiogal]

In South Carolina a notary cannot write a will. They can only notarize it -- which is basically identifying the signature.

See this: https://www.scstatehouse.gov/code/t26c001.php

 

[PayrollHRGuy]

I've read through the OPs thread as best as I can and can't figure out if her husband died before or after the M-I-L.

 

[Ohiogal]

This happened in Orangeburg, South Carolina! That is where the property is located and the notary!

You are totally wrong in a notary writing a will.

 

[PayrollHRGuy]

You are totally wrong in a notary writing a will.

There is the possibility that the Notary overstepped their bounds.

Though I think it is more likely that the notary notarized something someone else wrote up.

 

[Ohiogal]

I should have said that OP is totally wrong in a Notary being able to write a will.

 

[Zigner]

If the notary actually drafted the will, then the notary overstepped his/her bounds and should be reported to the appropriate governing body/authorities, as was mentioned previously.

 

[Brokenbeam52]

I've read through the OPs thread as best as I can and can't figure out if her husband died before or after the M-I-L.

MY HUSBAND GOT KILLED IN CAR ACCIDENT IN 1998 AND MOTHER-IN-LAW DIED IN 2018.

 

[Brokenbeam52]

There is the possibility that the Notary overstepped their bounds.

Though I think it is more likely that the notary notarized something someone else wrote up.

The notary wrote the will! I know her personally! Her brother is a notary also! He wrote my deceased father-in-law's will! There were no problems with his will! The notary and my mother-in-law attended the same church! My deceased husband and I were members of that church too! Our only daughter was a stillborn! The notary gave me the copy of the will she wrote! I have it! The probate judge in Orangeburg, SC said I am not an heir! Judging from the responses I am getting, I see I may as well GIVE UP! Thank you ALL for responses!

 

[PayrollHRGuy]

The Notary then illegally wrote the will and that may well be why the judge threw it out.

You need to report the notary and her notary brother.

 

[Zigner]

The notary wrote the will! I know her personally! Her brother is a notary also! He wrote my deceased father-in-law's will! There were no problems with his will! The notary and my mother-in-law attended the same church! My deceased husband and I were members of that church too! Our only daughter was a stillborn! The notary gave me the copy of the will she wrote! I have it! The probate judge in Orangeburg, SC said I am not an heir! Judging from the responses I am getting, I see I may as well GIVE UP! Thank you ALL for responses!

If the will was invalid, then it is correct that you are not eligible to receive anything from the estate under SC intestate succession law.