Need basic legal advice STAT!

[Suz D]

Here is the background information, my question is basic and is at the end of the post.

I have inherited a fairly large sum of $$/investments from my father about three weeks ago. My husband and I are leaving tomorrow for WDW and I was concerned about our wills/financial POA's given the change in our financial situation. I contacted an attorney 10 days ago to set up an appointment to get this done. He e-mailed me some very basic wills/poa's to review and then we'd set up an appointment to sign them.

My dad had very detailed financial and health care POA's. They were both a huge blessing for my sister and I as we navigated my dad's illness over the last few years. We could rely on the POA for any question we might have for example, "would it be okay to close his smaller accounts and combine them into one larger account?". That was specifically addressed in the POA so we didn't have to worry if we were doing something Dad wouldn't want done.

We want that same blessing for the person who would be our POA if we are both incapacitated or worse on this trip

I typed word for word my dad's POA's in a word document and sent them to the attorney we contacted saying that I wanted a more specific document than what he sent us and would it be possible to use the wording in these. He still hasn't contacted me and I finally called his office today. He won't be able to talk to me until later today and his assistant said he won't use someone else's paperwork, he must use his own. He wants us to just sign his and then when we get back from our trip we can draw up more detailed ones. (I'll definately go with someone else if this needs to be done. He hasn't returned any of my e-mails)

Here's my question (finally, sorry). Can I just print out the handtyped copies of my dad's, inserting our names where appropriate, and take them somewhere to be notarized? Will that be a fully legal document? Do I need more than one witness?

Thanks to anyone who can answer this right away. I really want to get it notorized this afternoon if this is an option.

 

[seashoreCM]

Wills and powers of attorney can be changed at any time.

Yes, go ahead and make up a new will and POA as you desire, bring a witness and ahve a notary sign it with you.

When you get back from vacati9on you can peruse it further and make additional changes as you wisnh

 

[Darcy03231]

Here is the background information, my question is basic and is at the end of the post.

I have inherited a fairly large sum of $$/investments from my father about three weeks ago. My husband and I are leaving tomorrow for WDW and I was concerned about our wills/financial POA's given the change in our financial situation. I contacted an attorney 10 days ago to set up an appointment to get this done. He e-mailed me some very basic wills/poa's to review and then we'd set up an appointment to sign them.

My dad had very detailed financial and health care POA's. They were both a huge blessing for my sister and I as we navigated my dad's illness over the last few years. We could rely on the POA for any question we might have for example, "would it be okay to close his smaller accounts and combine them into one larger account?". That was specifically addressed in the POA so we didn't have to worry if we were doing something Dad wouldn't want done.

We want that same blessing for the person who would be our POA if we are both incapacitated or worse on this trip

I typed word for word my dad's POA's in a word document and sent them to the attorney we contacted saying that I wanted a more specific document than what he sent us and would it be possible to use the wording in these. He still hasn't contacted me and I finally called his office today. He won't be able to talk to me until later today and his assistant said he won't use someone else's paperwork, he must use his own. He wants us to just sign his and then when we get back from our trip we can draw up more detailed ones. (I'll definately go with someone else if this needs to be done. He hasn't returned any of my e-mails)

Here's my question (finally, sorry). Can I just print out the handtyped copies of my dad's, inserting our names where appropriate, and take them somewhere to be notarized? Will that be a fully legal document? Do I need more than one witness?

Thanks to anyone who can answer this right away. I really want to get it notorized this afternoon if this is an option.

You can do it yourself and take it to your bank to witnessed and notarized. It will be valid as long as it complies with your state's laws.

For instance, my state requires some specific language with the POA and also requires that specific things be addressed. It also requires two witnesses in addition to the notary signature.

If your dad lived in the same state you do, I would say you can safely use his as a form, unless the laws in your state have changed since it was drafted.

 

[seashoreCM]

In the new will or POA you can mention the previous will or POA including its date, so it is clear that you are making a change (amendment) as opposed to drawing up new documents.

 

[DisneyDizzy]

You can do it yourself and take it to your bank to witnessed and notarized. It will be valid as long as it complies with your state's laws.

For instance, my state requires some specific language with the POA and also requires that specific things be addressed. It also requires two witnesses in addition to the notary signature.

If your dad lived in the same state you do, I would say you can safely use his as a form, unless the laws in your state have changed since it was drafted.

Just an FYI, our bank would not provide witnesses for our wills when we wanted to get them noterized. More specifically the one related to custody of our children. The hospital, however, was more than happy to help out with witnesses and a notary.

 

[csharpwv]

I agree with the previous poster that said that all that you have to do is print out what you have done, then take it to be notarized by a notary public.
For all intents and purposes, that document would be considered official in a court of law.

However, you will want to get it formally filed with your county when you return so it is a document of public record.

If people can do a Will/POA from a CD purchased at the grocery store, then this copy and paste approach is no different.

If your attorney won't use the language from someone else - even though it is exactly what you want - then it doesn't sound like he is your attorney!

An attorney's job is to represent the best interest of their client - and if he won't give you what you want, then he isn't doing his job!

Your current documents, with names and personal information changed will work, as long as you make the documents official.

For an extra layer of safety - entrust a friend of the family with an additional copy of the notarized documents while you are out of town.

 

[czycropper]

I worked as an Estate Law paralegal. POA - as long as it's witnessed and notarized you should be fine. Also, is the attorney that drafted your Dad's around? - he may be able to do it for you. Please note that most POAs now need to include the HIIPA language.

@csharpwv - never heard of a POA needed to be filed at the Court or Probate office - but that may be the case in some states.

Wills - again just as long as it's witnessed and notarized.

At the firm that I worked at - we had 4 original POA's - two for the client, one for the person that is mentioned on the POA, one to be kept in our vault. Wills - we again kept the original in our vault and gave the client 2 conformed copies for their records.

 

[momof1princess]

OP, i'm a former legal secretary, and as the PP stated, if the wills/poa are witnessed and notarized, you should be fine.
note: you will need more than one copy of each document, and each one will need to be witnessed and notarized, just like the original (in my former office, we always did 3-an original and 2 copies). you will also need to call your county courthouse and see if the poa needs to be recorded - in my county in alabama, they do. if this is the case, you would simply take the original document to the probate office and pay a small fee to have it recorded. the will should not need to be recorded at this time, as that is usually done once a person is deceased. good luck!

 

[csharpwv]

I worked as an Estate Law paralegal. POA - as long as it's witnessed and notarized you should be fine. Also, is the attorney that drafted your Dad's around? - he may be able to do it for you. Please note that most POAs now need to include the HIIPA language.

@csharpwv - never heard of a POA needed to be filed at the Court or Probate office - but that may be the case in some states.

Wills - again just as long as it's witnessed and notarized.

At the firm that I worked at - we had 4 original POA's - two for the client, one for the person that is mentioned on the POA, one to be kept in our vault. Wills - we again kept the original in our vault and gave the client 2 conformed copies for their records.

In WV, individuals may choose to file their will and POA with the County Clerk. Many folks choose to do this in lieu of paying for a safe deposit box - plus it is made a public record - so the authenticity of the will or powers/abilities spelled out in POA really cannot be disputed as easily if the documents are just held by family members.

I'm not sure if its like this in all states or not though.