We had a computer progam several years ago that we wrote our wills with. We had them notarized. Can you tell us if this is still a valid document?
3 Answers from Attorneys
There are very strict rules for wills in Illinois. Unless you had a program that was geared for Illinois, your wills are not valid at all. For instance, you did not mention the 2 witnesses needed for the signing of the will. I wouldn't trust a computer program, especially since you don't know anything about wills. In an effort to save money at the time you made these so called wills, your heirs may pay big later to straighten everything out. Even better than a will is a "living trust." There are more protections and benefits to your heirs than in a will. Please call for an appointment.
Being notarized isn't good enough. The wills need to be properly witnessed and attested to by two disinterested witnesses.
Your wil may never have been valid. Wills in Illinois do not need to be notarized. For a will to be valid in Illinois at least 2 witnesses must see the Testator sign [that is the person whose will it is] and the 2 witnesses must see each other sign and the testator must see them sign also. Having a will notarized is irrevelent. There are other issues like testamentary capacity, but I do not think that was part of your question.
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