Time to catch up on some of the questions that readers have sent me.
Q: I bought a will form at an office supply store. The form has a notary page on it. Does the notary only have to notarize my signature or the witness' signature also?
A: If you are regular reader, you know how I feel about estate planning forms purchased at office supply stores. Office supply stores are great when you need things like office supplies. What they aren't so good at is providing legal advice and documents.
The form you purchased is exactly why I don't like purchasing forms at a store. Most of these forms are written generically and they are likely to contain things that don't apply in all states. Things like a notary signature page.
In Indiana, you don't need a notary to create a valid will. Having a notary seal won't invalidate an otherwise valid will. On the other hand, a notary seal isn't going to validate a will that was executed incorrectly.
A properly executed Indiana will has the signature of the maker and the signature of two disinterested witnesses. If the maker is unable to sign the will because of some sort of disability, under certain circumstances the maker can direct someone to sign on his or her behalf.
Now take the form back to the store and call your attorney.
Q: Can I leave some money to my pets so that they will be taken care of after my death?
A: Unfortunately, you can't leave money to an animal. You can, however, establish a trust for your pets care and fund it in your estate plan. By establishing a pet trust, you can be assured that your pet is provided for after your death.
Indiana is way out in front of this developing area of estate planning and even has a code provision specifically addressing pet trusts. The code provision is located at I.C. 30-4-2-18 for those of you who think that I'm making this up.
Although I wouldn't call pet care trusts common, they are becoming more widely used and accepted estate planning device. Pets are part of the family and people are starting to plan for them.
Thank you for the questions.
Opinions are solely the writer's. Christopher W. Yugo is a Crown Point attorney. Address questions to Yugo in care of The Times, 601 W. 45th Ave., Munster, IN, 46321 or to chrisyugolaw@gmail.com. Yugo’s information is meant to be general in nature. Specific legal, tax, or insurance questions should be referred to your attorney, accountant or estate-planning specialist.
