Common Questions About Wills
Why do I need a Will?
A Will allows you to specify how your assets get distributed after you die. Without a Will, your property is distributed by a court in accordance with state law. The court can even determine what happens to your children. With a Will, you can determine how your assets and property are divided and who looks after your children.
Does a Will need to be notarized?
No. A notary is not required to create a legal and valid Will.
What is the process for creating a legal Will?
Note: the general requirements presented here are for informational purposes. LibertyLegalForms will provide you with easy-to-follow instructions for creating your Will.
Here are the basic requirements:
- A Will must be in writing.
- A person creating a Will must sign it with the intent of creating a Will.
- There must be two witnesses to the signing of a Will.
The following are not requirements:
- An attorney is not needed for any part of the process.
- A Will does not need to be notarized.
- A Will does not need to be filed with a court or other agency.
- A self-proving affidavit does not need to accompany a Will.
- A Will does not need to be printed on a specific type of paper.
How many witnesses do I need? Who can serve as a witness to the signing of my Will?
All states require two witnesses (three in Vermont) to the signing of a Will. Witnesses must be over the age of 18 and have the mental capacity to know that they are acting as witnesses to the Will; they must be considered competent to testify regarding the signing of the Will.
Why use LibertyLegalForms to prepare my Will?
LibertyLegalForms allows you to create your own Will quickly, safely, securely, and easily. And we can save you thousands of dollars.
Common Questions About Living Wills
Why do I need a Living Will?
A Living Will lays out what medical treatment you want if you are ever incapacitated by illness or injury. Without a Living Will, your family and healthcare provider will have to make difficult decisions. Protect your loved ones in their time of trouble by letting them know if you’d like artificial life support, extraordinary measures to save your life, or if you’d like to be an organ donor.
Does a Living Will need to be notarized?
In the majority of states, no. Only Tennessee, North Carolina and South Carolina require a Living Will to be notarized.
What is the process for creating a legal Living Will (Health Care Directive)?
Note: the general requirements presented here are for informational purposes. LibertyLegalForms will provide you with easy-to-follow instructions for creating your Living Will.
Here are the basic requirements:
- A Living Will must be in writing.
- A person creating a Living Will must sign it with the intent of creating a Living Will.
- There must be two witnesses to the signing of a Living Will.
The following are not requirements:
- An attorney is not needed for any part of the process.
- A Living Will does not need to be notarized (except in Tennessee, North Carolina, and South Carolina).
- A Living Will does not need to be filed with a court or other agency.
- A will does not need to be printed on a specific type of paper.
How many witnesses do I need? Who can serve as a witness to the signing of my Living Will?
All states require two witnesses to the signing of a Living Will. Witnesses must be over the age of 18 and have the mental capacity to know that they are acting as witnesses to the will; they must be considered competent to testify regarding the signing of the Living Will.
Why use LibertyLegalForms to prepare my Living Will?
LibertyLegalForms allows you to create your own Living Will quickly, safely, securely, and easily. And we can save you thousands of dollars.
Common Questions About Power of Attorney
Why do I need a Power of Attorney?
A Power of Attorney authorizes someone of your choosing to make legal and financial decisions on your behalf if you are ever incapacitated by illness or injury. A Power of Attorney allows someone to pay bills on your behalf, handle financial matters and bank transactions for you, buy manage, or sell real estate, and file tax returns.
Does a Power of Attorney need to be notarized?
Yes.
What is the process for creating a legal Power of Attorney?
Note: the general requirements presented here are for informational purposes. LibertyLegalForms will provide you with easy-to-follow instructions for creating your Power of Attorney.
Here are the basic requirements:
- A Power of Attorney must be in writing.
- A person creating a Power of Attorney must sign it with the intent of creating a Power of Attorney.
- A Power of Attorney must be notarized.
- Some states require witness signatures.
The following are not requirements:
- An attorney is not needed for any part of the process.
- A Power of Attorney does not need to be printed on a specific type of paper.
How many witnesses do I need? Who can serve as a witness to the signing of my Power of Attorney?
The number of witnesses varies by state. Some states don't require a witness other than the Notary Public. Your Power of Attorney will have the appropriate number of witness signature spaces. Witnesses must be over the age of 18 and have the mental capacity to know that they are acting as witnesses to the Power of Attorney; they must be considered competent to testify regarding the signing of the Power of Attorney.
Some states also require that the "Attorney-in-Fact" (the person assigned the Powers of Attorney) sign an acceptance document. If this is the case in your state, the document will be provided to you with your forms.
Why use LibertyLegalForms to prepare my Power of Attorney?
LibertyLegalForms allows you to create your own Power of Attorney quickly, safely, securely, and easily. And we can save you thousands of dollars.
