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Codicil Questions

Codicils are documents used to make changes to an executed will. Amendments that are generally made by using a codicil are adding or removing provisions such as changing an executor or change who receives what gifts in the will. When using a codicil, it must comply with the requirements of the will. This means that the testators signature along with the signatures of at least two reliable witnesses. In some jurisdictions, three witness signatures are required. To learn more about codicil, take a look at the more commonly asked questions regarding codicil that have been answered by Experts.

In Ohio, what are the requirements for a living will? My brother has been given power of attorney in my dad's living will but refuses to have the codicil to a living will notarized or witnesses.

Ohio law requires that the person (your father) be cognitive when they sign. Another requirement is that there be two witnesses present while the person (your father) signs the will. However, if there are not two witnesses, a notary public can be used and is generally preferred due to being a disinterested party and a more reliable witness.

Your father should have an attorney review the living will to ensure that it complies will state laws' pertaining to wills. Ohio law will take precedence if the will is executed in that state. You may have your father speak with his attorney about your brother's refusal to have the will notarized or have witnesses present during the signing. Your father's attorney will put your father's interests into consideration.

In Florida, does a codicil to a will need to be notarized?

Florida doesn't require a notarization to a codicil. However, a codicil carries the same requirements such as the codicil must be written and the testator must be competent of mind with full ability to comprehend the task.

While having a codicil to the will notarized simplifies the ability to probate a will and avoids the requirement for a witness during the probate, it wouldn't invalidate the will as long as there is a witness signature.

A NJ notary notarized a codicil to a will in which she will receive $75,000 from my aunt. This person also had Power of Attorney and became the executrix of my aunt. This codicil was drawn up 4 days before my aunt died and one of the witnesses was her husband. What can I do?

This situation has ethical breach written all over it. It is very possible that the notary could face civil damages and could possibly be criminally responsible for her actions. There are a few things that you can do about this activity. The first thing you should do is contact the State of New Jersey, department of Treasury, Division of Revenue, Notary Public Unit, P O Box 452, Trenton, NJ 08646. The nest step you should take is contact an attorney and discuss your legal options in regards to civil litigation. You also need to contact local law enforcement and file a criminal complaint against the Notary.

I want to add a codicil to my recently drawn Will in Kentucky. I paid $800+ and do not want to incur additional expense. Can I write an attachment and have it Notarize and be assured it will hold up after my death?

In order for the will to be a legal document in Kentucky, you will have to sign the will with two witnesses. Both witnesses will be required to sign their names in front of you and each other. To make changes to your will, you can make the changes by using a codicil to the will. As long as you comply with the requirements pertaining to the will (2 witnesses who sign and witness all signatures) the codicil will be valid.

My Aunt had a codicil to a will which entitled me to a set amount of money. The children did a quick reading of the will and I have not received my part of the will? What can I do?

The first thing you should do is contact the Executor or the Personal Representative of your aunt's will and bring this to their attention. If you have a copy of the codicil of the will, take this with you. If your aunt's estate has already went through probate and/or has been read by an attorney, you will also need to bring the situation to either party to the codicil. However, the codicil would have been listed as an amendment to the will and both documents would have formed a complete part of the will. It is imperative that you contact the Executor or Personal Representative of your aunt's will.

Many people are under the impression that in order to change a will, it requires mountains of paperwork and an attorney. However, to amend a will or make changes, a person only needs to prepare a codicil of a will. If you would like to learn more about codicil, you should ask an Expert for legal assistance and clarity.

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Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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