Legal Question in Wills and Trusts in Pennsylvania

The notarization may cause a problem, not only because of they way the attorney completed notarizing, but also because it was not made at the same time and in the presence of the notary at the signing.

A larger problem is if the will was not witnessed and the witnesses and your mom did not make an acknowledgment that they were all present, saw your mom sign and that she had mental and legal capacity to execute a will. That acknowledgment also has to be notarized. This is makes the will "self-proving". Without witnesses, it will be difficult to probate. Without the self-proving acknowledgment, the witnesses will have to be found and take an oath at the Register of Wills office saying that they were all present, saw your mom sign and that she had mental and legal capacity to execute a will. It can be difficult to impossible to find witnesses this long after the fact.

I assume that your mother is still living. If she still has mental capacity, she'd be better off having a new will. It can say the same disposition.

She should not use a purchased form, there are often problems with probating and administrating them.

And wills that have any cross-outs and something new written in are not valid. The notary's (if the attorney is, in fact, a notary) cross-out may not be fatal, but why take the chance?

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Unfortunately, nobody has seen the will and notary jurat to know if its valid. I don't see how any notary could notarize something when the witnesses are not present along with your mother. To be valid, wills have to be witnessed by at least two disinterested witnesses (witnesses who are not benieficiaries under the will). Getting the will notarized just eliminates the need to call the witnesses into court when your mother passes.

If it has been 30 years, your mother needs to revise the will. A lot can happen in 30 years - kids grow up, grandchildren are born, people change property and move, divorce can happen or beneficiaries can change.

Its time for a new will. Wills are not all that expensive. Have your mother get a will done by a competent attorney - I don't know where your mother is located in PA, but there are several attorneys here at Law Guru who you could use who are in the Pittsburgh area. I agree with Attorney Jacobson that your mother should avoid the do-it-yourself kits. They are fine for some people, but if there are any unusual circumstances your mother should not use them. Also, some of the forms are just plain wrong and refer to procedures that do not exist.

Don't let your mother's legacy be an expensive lawsuit when this could all be avoided by doing a new will if your mother is mentally competent.