Legal Question in Wills and Trusts in Illinois
Notarizing a Will
My mother passed away three weeks ago and left a Will. I was informed by her mortgage company that I need a copy of a notarized Will. Her will is not notarized. Where can I go to get the Will Notarized? Or where can I get a Letter of Assignment?
2 Answers from Attorneys
Re: Notarizing a Will
Will doesn't necessarily need to be notarized and in any case, cannot now be notarized. I am guessing they are asking for letters of office (aka letters testamentary) which can be obtained by petitioning to have the will admitted to probate.
Re: Notarizing a Will
Since your mother died 3 weeks ago, you are not able to get her signature notarized. The notary public is attesting that your mother signed the document, and cannot do that if she doesn't see your mother do so. I have never heard of letters of assignment. You are probably speaking of letters of office. Those are issued by a probate judge. You will have to open a probate case, and solve your problem there. Your mother probably did not use a lawyer to create her will. If she did you wouldn't have these problems now. Please call for further consultation.
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