Legal Question in Wills and Trusts in Maine
uncontested will
i would like to know if its legal to have the will printed out and the seal be in ink from a notareypublic?and what can my sisters and i do of we dont feel my mother knew what she signed?can we contest it?and how? thank-you
1 Answer from Attorneys
Re: uncontested will
If a Will is to be contested, an objection must be filed with the Probate Court in which the Will has been offered for Probate. The Will can be all in your mother's handwriting and be "holographic" and not need to be notarized or witnessed. However, if the Will is typed out, then it must be signed by your mother before 2 witnesses and a notary.
It is dificult to contest a Will on the grounds that your mother lacked the capacity to sign it, but it is possible. The facts of her medical condition and capacity would determine if the Will could be contested.
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