In most states, witnesses must be present when the person making the Will reviews and signs the document. This seems simple, right?
Additionally, in most states, anywhere from two to three witness must be present with the Will maker when it is signed. A good estate planning attorney will explain this. Again, simple. However, many people do not know that the witnesses are absolutely required to be in the same room together and actually watch the person whose Will it is sign the document and they must all watch eachother sign the document.
If these requirement are not followed, the Will could be invalidated by a court. This is not typically a problem if there is no fighting among siblings or beneficiaries of the Will. However, too often, there can be fighting or a Will Contest. If such is the case, and the person making the Will did not sign it in the “presence” of two witnesses, then the Will could be completely invalidated and “thrown-out” by the court.
Talking to a qualified MN estate planning attorney will help with these problems. The lawyer will know the formal requirements of drafting and signing a Will. The lawyer will know that all of the Witnesses need to be in the same room together when the Will is signed. If this is not done, there could be large problems down the road.
