Unsigned Will--lawyer on vacation?

Question

My mother is seriously will and spoke with a lawyer earlier this week about her wishes. The lawyer visited with her in the hospital and went over her wishes point by point. The lawyer drew up the will and said she would return on Friday to go over it again and get my mothers signature. When the lawyer came to the hospital Friday at 11am my mother was too sleepy to stay awake for the appointment. (Nurse had given her pain meds). The lawyer said for us (my sisters and I) to give her a call later in the afternoon and she would come back when my mom was awake and alert. I called the lawyer back at the time she asked me to and told her my mother was now awake and that she could come back with her notary and secretary to the hospital. At this point the lawyer said that since my mother was so sleepy this morning and under pain medicine effects that she would rather come back another time when my mom was more alert. Continued..

The problem is the Lawyer is out of town until after the Thanksgiving holiday and can't meet with mom until Monday 26th. Her condition is precarious and unpredictable. My question is that if her wishes are already on paper and she has actually spoken to a lawyer if she would pass away is the will valid?? MY mother cannot sign anyway. She would have only had to mark an "X" with a notary due to her stroke. Of course I love my mother and don't want her to die but if she does I also don't want to lose hundreds of thousands for my sons future. Please only knowledgable people answer. Not interested in rude comments about kids after $$$$ cause this goes deeper than that. Our relationship is wonderful and she had no idea she would have a stroke so young. Is there any validity to an unsigned will in the possession of a lawyer who has already spoken to the actual person making it?

Answer 1

Since your mother is ill, and there is a will, it is not legally binding until it is signed and witnessed. Since your mother's lawyer is on vacation, and knows the situation, can she not have someone from her office (another lawyer) sign in her place as expert witness? I understand your question, I just am not very learned on the legal aspect of wills.

Answer 2

I am not sure where you are, but in most states an unsigned will is like not having a will at all.

ALSO, I agree with the person that said to get another lawyer to come and explain it to her and have it all signed instead of waiting for this lawyer. There is a secondary issues there, because your mother is in the hospital and has had a stroke, part of the signature of the witnesses and what your mother is signing verifies that she is of sound mind and body and understands what she is signing. Therefore, having a lawyer there, who has explained it throughly and believes she understands it and witnesses that can actually vouch to your mother seeming to understand what she is signing could hold to be EXTREMELY important during the probating of the will after her death. All you need is one person to doubt that validity and you could have a whole can of worms.

Answer 3

I don't know about the validity of an unsigned, but witnessed, will, but if you want to be completely safe call another lawyer to come in, explain the will to her, and get a signature.

Yes, you will have to pay the new lawyer for his or her time but find someone who will accept an hourly rate. Even if they charge $200 an hour for their time it's worth it.

If you have some kind of written contract to work with only the first lawyer alone, fax it to the new lawyer and let him or her read it over. Lawyers are sometimes called on to operate under emergency circumstances, so call some and explain the situation to them.

Answer 4

Yes it would be valid because her lawyer would be your witness to the will, besides she just went over it with your mom and had it drawn up. If your mother passed before she had a chance to sign it, then it sounds like the lawyer would work in your favour, and see that you get what's owed to you. Do you have a father that would get anything? I feel sorry for you, about your mother, my mother died when I was 18 of cancer and she was 43 at the time, it was very hard to carry on without a mother. GOD BLESS!!!

Answer 5

The answer to your question is no. It is not a legal document unless it is signed. The lawyer made a wise decision for not coming back because of your mother being on pain medication because if someone else in the family wanted to, they could indicated that she was not alert or aware of what she was doing when she signed the legal document because she was under medication.

Answer 6

Two issues:

First, a will is not valid until it is signed by the testator (your mom) and (in most states) two or more witnesses. The courts are usually very picky about these technical requirements.

Second, even if your mom dies without a will, her property will pass by operation of the intestate succession laws of your state. I take it that there is no surviving spouse, since you didn't mention yoiur father in your post. In nearly every state, if not all, if there is no surviving spouse, the entire estate will be divided equally among the children. That means your sisters and you will receive an equal share of your mother's property, even if there is no valid will.

Answer 7

An unsigned will cannot be legal. Get a copy of the will from the attorney's office, since you paid for her services, the will is yours. Take the copy and with two witnesses, have your mother make her mark before a notary - this will make it a legal and binding will. With your present attorney acting the way she had done, I would not put too much faith in her.

Answer 8

Um where is the rest of the question? it just says continued...