Legal Question in Wills and Trusts in Michigan
Witness's for will?
If I have people sign my will that do not know me is that still OK? I got a pre-printed form on internet and at the end it says that the witness need to recide at the address that they sign on the form. If I have the Notary at my Credit Union sign and she is witness to my signature and to the signature of 3 people that work at the credit union but they put the address of the credit union as their address is this legal? What is the purpose of the signatures on the form, is it only in case there is some one who contest the will. I have a brother who I want to leave nothing to. Do I need to give him a few dollars so he can't contest it?
What if I delete the section on the form that says the witness reside at that address? Does this part need to be in a will?
Thank You for your Time,
Sue--name removed--
1 Answer from Attorneys
Re: Witness's for will?
It is rather horrifying for an attorney when people try to draft their own wills (including a form will from the internet). A good attorney will draft a will for you pretty inexpensively, putting your mind at ease. I don't believe any attorney would feel comfortable giving specific answers to your questions on-line because of a number of potential problems. This forum is for general questions and answers, not to give specific legal advice. That would set up an attorney for a potential malpractice suit.
In general though, the signatures of witnesses do not need to be notarized, you do not need to know the witnesses, and the witnesses do not need to know you to witness the execution of a will. Banks usually have a policy that they do not allow their employees to witness or notarize wills.
My genuine best answer is to encourage you to spend a couple hundred dollars for a sound, enforceable will. The attorney will tend to the witnessing and notarization details. If not done properly, the will might be unenforceable.
Good luck.
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