If my father has a Will and would like to add something to it, can he just print something up and have it notarized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father has a Will and would like to add something to it, can he just print something up and have it notarized?
Also, he would like to have a quit claim deed done. Can this also be done and signed and notarized but not filed in the clerk of courts? Will it still be a legal binding contract at the time of death?
Asked on August 22, 2016 under Estate Planning, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the change is minor, then your father can execute a "codicil", which is basically an amendment to a Will. However, if he wants a major change or several smaller changes to be made, then he should have a new Will drafted and signed. With either a codicil or a Will, there will need to be 2 adult witnesses who are not listed beneficiaries in the Will. You can go online and find forms for his state; there are many sites that provide these services. Also, he can go to a probate attorney to take care of this. As for the deed, it need not be recorded in order for it to be legal. However, the purpose of recording is to protect the transferee (new owner) from any claims of the transferee's (old owner's) creditors, or any subsequent bone fide purchaser (i.e. anyone who might also be given or buys the land and then records before the transferee), etc.
At this point, your father should consult directly with a local probate/real estate attorney for further advise.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.