Legal Question in Wills and Trusts in Maryland

will legalities

does a will have to be notorized for it to be legal? My son is the only child of an only child. his father and i were not married and the father was killed 1 year after the son was born. A perternity test ordered by the grandparents proved my son as the only living heir. the grandmother passed last year and the grandfather just passed. the grandfather always told my son he would get everything so we never gave it much thought now the great aunt (sister of the grandfather) has produced a wil that was supposedly written 6 weeks after the grandmother died, stating that he left his entire estate to his sister.the will that has been probated does not have a notory. Is this will legal? is this will contestable? are the witnesses accountable? there are many witnesses to what the grandfather wanted to do with his estate.there was a supposed nurse taking care of the grandfather, who is actually a cna. can i bring up charges on her, for administering meds? we live approx 2 hours away and it was difficult to monitor the situation.the sister pretty much took power of att and cut everyone off. she had the grandfather creamated without notifying my 18 year old son and said it was his wish. he never told us that. is this legal?


Asked on 10/15/05, 4:55 am

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: will legalities

Although there are many specific requirements for a will to be valid, in Maryland there is no requirement that it be notarized. If it is in proper form, in writing, and contains the signatures of at least two witnesses who signed the will in the presence of the grandfather and in the presence of each other, it is likely that it is valid. Check with your attorney to be sure.

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Answered on 10/15/05, 1:30 pm


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