| by an attorney and notarized — and that the attorney can’t be the notary. It’s too easy for an elderly individual to be coerced into signing something a family member, or any individual for that matter, has prepared for them to sign and say “oh, it’s ok, just sign here.” My mom wanted me to prepare her will and I said that although I could, I wouldn’t. I made her an appointment with an attorney I knew who specialized in estate planning. I gave her the address and she said I had to drive her. I said the only way I would drive was that I would stay in the car in the parking lot. She wasn’t happy, but I wanted no possible impropriety. Imagine my surprise a few years back when I found a different will, prepared by a family member’s attorney, who not only prepared the will but notarized the will without witnesses. At that time, mom had stage 5 Alzheimer’s and couldn’t repeat something said to her after 2 minutes; there is no way she was of sound mind and knowingly and willingly would have signed. |
