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If a will was made in 2010 and notorized by a stamp that states my commission expires in 2015 would that not be fraud?

Waco, GA |

A will was made dated 9/18/ 2010 and was notorized , but the notary stamp expires 8/1/2015 doesn't that mean that stamp was only good from 2011 to 2015 since they only last 4 years How could the notary wittness the testators signature?

I'm sorry, the will was dated 10/18/2010.Although I know that it did not have to be notorized it was! Also we have a will dated way before that. The Testator had mixed dementia (vascular and alzheimersand that is what he died with complications from his dementia on 12/14/2011).The new will was not produced until we tried to probate the original .He could neither read or write. And the notary said she wittnessed the signing of the testator on 10/18/2010. so did the wittnesses which were all friends of the person who created the new will.So was the notary!!!!

Attorney Answers 1


At a minimum, you have raised a valid question. There may or may not have been fraud. That would require finding more facts. But a notary could not have witnessed all the signatures in 9/10 and already have a stamp that expires 8/15. Assuming the self proving affidavit is what was notarized, you certainly could challenge the affidavit.

Remember, however, that a will does not need to be notarized in Georgia. If it was signed and witnessed properly in 9/10, and the affidavit was done later, that does not invalidate the will. It just is subject to different standards for proof to probate. If the will is being probated and you are an heir, I would raise the issue with the probate court where the will is filed.

This answer is for general purposes only, and it does not create an attorney-client relationship.

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