Legal Question in Wills and Trusts in New Hampshire
2 questions...
#1 My husband recently died. He wrote up his will and had 2 witnesses sign it. It was not noterized. Both witnesses have noterized afidavides that the will was his and it is his signiture. When I went to file it the clerk at the probate office said it "is not an official will" Is this true?
#2 In his will he left the house to me. He is on the mortage and the deed. I am only on the deed. But we did a quit claim deed (to remove my parents from the deed w/us) and the term "joint tenents of survivorship" is not on the quit claim. It was on the previous deed. Does the house have to go to probate?
1 Answer from Attorneys
Sorry to hear of your loss and the troubles you are having with legal issues. It is difficult to answer your first question without examing the original document you call a "will." There are specific requirements for a will and having two witnesses is only one of many legal requirements. As to the house, an examination of the documents would be the starting point. There are times where we are able to achieve the desired result even without a valid will. A review of the family structure is needed. In short, the only way to get these questions anwered would be to meet with an attorney to review all of the information, documents and facts in order to form a well-reasoned approach to solving the problem.
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