Legal Question in Wills and Trusts in Pennsylvania

PA. Mother died may 18,2012. Will states everything sold and shared among 6 siblings.All of a sudden aunt says she has a paper stating mom gave her her car.Does this have to be notarized or is it legal.Unkown if it was even signed


Asked on 6/28/12, 3:46 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

What does she claim this paper is? If there is a will that's it. You don't get to bring up some other document. Where is the lawyer handling the estate?

{John}

Read more
Answered on 6/28/12, 5:49 pm

Many people believe that having a paper notarized somehow makes it "legal." It doesn't. Having a notarized signature just eliminates the need for proving that the person whose signature was on the document is that person. The paper either is or is not legal all on its own and having a notary doesn't add or detract from that.

Your post unfortunately lacks a lot of key information. When did your mother make her will? When was this purported document possessed by your aunt made? Did this document satisfy the elements to be a valid codicil to the will if it was made later? Or did the document suggest that it was a gift between living people or was it only effective upon death? Wills only govern after a person is dead and if your mother made a gift of property while she was alive, that was her choice. But it is necessary to review the document to see what it says and to review the will. If the document was made before the will, then the later will constituted a revocation if your aunt's document purported to be a will rather than a completed gift.

Without seeing the will and this notarized paper, I cannot speculate, although I think it is very self-serving on your aunt's part to suddenly produce a document giving her something that she would not be entitled to receive otherwise.

The personal representative named in your mother's will (or you if that's you) need to talk with a probate attorney immediately. If you or the personal representative does not wish to hire an attorney, that is fine, but at least pay a probate attorney to review the documents and give you his/her opinion as to whether the notarized document is or is not a valid gift, will or codicil.

You will need to speak to a probate attorney in the county/state where your mother resided prior to her death.

Read more
Answered on 6/29/12, 4:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania