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In reply to the discussion: What is the best way to draw up a will right now? [View all]Ms. Toad
(38,735 posts)40. First - notaries are not magic. Wills generally don't need to be notarized
So the lack of a notary is generally of no consequene at all. (The lack of witnesses is a much bigger deal in most states.)
Second, most states have simultaneous death provisions.
Ordinarily the spouse that dies last (even if only a minute later) inherits all
The standard is 120 hours. If a beneficiary dies within 120 hours (the state specified period), the beneficiary is treated as if they died before the person whose will is being interpreted.
So if spouses die within a minute of each other, generally the estate goes to kids of the beneficiaries - or to whoever gets the residue - or, if that fails, by state statute for distribution without a will.
Your "if he survives me for X period" generally should avoid the consequences of simultaneous death (as long as it is longer than the state simultaneous death provision)
But - again - these laws are very state specific. Check with an attorney in your state.
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Most banks still have drive-through services, and they usually have notaries.
The Velveteen Ocelot
Mar 2020
#11
Depends on the state - but in some states a notarized will (that is not also witnessed)
Ms. Toad
Mar 2020
#34
I have a friend who donated his estate to Planned Parenthood when he died several years ago....
Hekate
Mar 2020
#32
It's very important that you have a medical directive and decide now what you want
Pachamama
Mar 2020
#15
Phone two friends or trusted neighbors and do the signing on your front porch. Insert papers into...
Hekate
Mar 2020
#35