We are trying to get our security deposit returned and the landlord has been unresponsive. We gave more than....
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5/14/2013 12:26 by saunderswe |
Can I sue my ex wife for slander and deformation of character
She has hacked into my face book page and chan....
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5/11/2013 11:55 by ABernier |
I moved in last Sept and landlord daughter lived next door. Her husband was "away on business" and I paid my r....
Generally speaking, in MA and other states, a landlord must not do any....
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5/10/2013 21:31 by jeffbiologist |
So I'm somewhat versed in legal issues but not totally and I wanted to find out if this is considered both ill....
The audio portion of the recording seems like it could be an issue.&nb....
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5/10/2013 20:55 by lm22 |
My ex-wife and I appeared before a judge with an agreed upon separation agreement in January, 2013. We signed ....
Hi. You will be divorced in 120 days after you go to court for your he....
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5/10/2013 19:50 by SmorX8 |
My neighbor across the street from me foreclosed on their home, that of which has been so since December 2012.....
Yes, that is stealing, and illegal.
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5/10/2013 12:02 by FXMA |
I am filing a Voluntary Administration Statement in order to transfer the title of my late father's car so I c....
The practical answer is that whenever a third party is involved, you w....
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5/3/2013 19:20 by masseddie |
I bought my home over 20 years ago, and I was the only name on the mortgage and deed.
I quit claimed to my ex....
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5/3/2013 19:20 by broke2now |
Hello, a friend of mine (who is a barber by trade) was grocery shopping.. After putting groceries in her car s....
Thank you
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4/20/2013 22:12 by CrisM |
If I am co-owner of our 2 family home and have agreed to pay the entire mortgage as part of the divorce settle....
Dear Fool-in-love: The divorce settlement requires you to pay the full....
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1/29/2013 20:41 by Fool-for-love |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Editor's Response
Sorry for the loss of your friend. Typically, the death of a witness will only become an issue if someone decides to contest your will after you die. In that case, the judge will want testimony or sworn statements from the witnesses about what they saw and heard when you executed your will. If one or both witnesses are dead, the court will not have access to that testimony. However, in Massachusetts, most witnesses to wills sign a "self-proving affidavit." Here is an example:
We, the undersigned witnesses, each declare in the presence of the testator that the testator signed (or directed another to sign for him and such person signed for him) and executed this instrument as his Will in the presence of each of us, that he signed it willingly (or willingly directed another to sign it for him), that each of us signs this Will as a witness in the presence of the testator, and to the best of our knowledge the testator is eighteen (18) years of age or over, of sound mind, and under no constraint or undue influence.
The self-proving affidavit is admissible in court in the event of a will contest. So the short answer is that you do not need to execute a new will or revise your current will just because a witness dies. If, for some reason, your will does not contain a self-proving affidavit, you might want to consider executing the will again, especially if you have litigious heirs.