Notarized Last Will & Testament

[DiamondEyes490 126]

I'm trying to be proactive with evidence for ROC, and we are going to put together a Last Will & Testament. The state of California does not require a will to be notarized. Will USICS be fine with that (since it is state law where we live) or should I get it notarized?

[Crazy Cat 39,375]

A document meeting legal requirements in your state is sufficient.  I sent copies of our advance directives (designating each other as health care proxy).  In Texas, 2 witnesses are required, but no notarization.

Edited April 1, 2019 by missileman

[Pitaya 2,576]

I agree with missileman, suspect that following whatever the prevailing law in your particular state will suffice. 

 

We feel that just the mere inclusion of our wills, living wills and durable powers of attorney helped buttress our case of marriage bonafides  to USCIS, and is also very useful later on in your lives. We used the services of Legalzoom.com to get our documents in order. We feel it was money well spent.

 

Good luck on your immigration journey.

[DiamondEyes490 126]

2 minutes ago, Pitaya said:

I agree with missileman, suspect that following whatever the prevailing law in your particular state will suffice. 

 

We feel that just the mere inclusion of our wills, living wills and durable powers of attorney helped buttress our case of marriage bonafides  to USCIS, and is also very useful later on in your lives. We used the services of Legalzoom.com to get our documents in order. We feel it was money well spent.

 

Good luck on your immigration journey.

I did look at LegalZoom. There are a lot of sites where you can get free templates for all of the above and then just get them notarized on your own. Did you feel like LegalZoom offered something extra that made it worth the cost?

[Crazy Cat 39,375]

Just now, DiamondEyes490 said:

I did look at LegalZoom. There are a lot of sites where you can get free templates for all of the above and then just get them notarized on your own. Did you feel like LegalZoom offered something extra that made it worth the cost?

Personally, we used a free template I found online which complies with Texas law.......but notary was not required.

[DiamondEyes490 126]

7 minutes ago, missileman said:

Personally, we used a free template I found online which complies with Texas law.......but notary was not required.

I'm probably going to do the same. California does require the notary for a Living Will and POA, so I will have to pay for that piece. Legal Zoom is $99-149 for all of that v. about $20 if I just get it notarized.

[Pitaya 2,576]

After going through all of the trials and tribulations associated with our immigration journey, and getting our first RFE at this stage of the game, we just wanted to git 'er done, and avoid more delays and more possible RFEs.  Didn't have to make appointments with a local attorney, could review and work on it at our pace, Legalzoom knew exactly to do and were able to get our documents to us in good order, with specific forms and instructions for our State.  

 

At the end of the day, it is good that you folks are functioning as a couple, that to me is the best marriage bonafide that there is. In the end, both of us were very united in wanting to be done with USCIS....

 

Whatever works for you....YMMV.

Edited April 1, 2019 by Pitaya

[DiamondEyes490 126]

5 minutes ago, Pitaya said:

After going through all of the trials and tribulations associated with our immigration journey, and getting our first RFE at this stage of the game, we just wanted to git 'er done, and avoid more delays and more possible RFEs.  Didn't have to make appointments with a local attorney, could review and work on it at our pace, Legalzoom knew exactly to do and were able to get our documents to us in good order, with specific forms and instructions for our State.  

 

At the end of the day, it is good that you folks are functioning as a couple, that to me is the best marriage bonafide that there is. In the end, both of us were very united in wanting to be done with USCIS....

 

Whatever works for you....YMMV.

Thanks

 

And I can't blame you with just wanting it to be done at that point. I'm really not looking forward to ROC given how long it's taking nowadays and the fact that we will likely have an interview (assuming all criteria in that memorandum they sent out hold true. We were CR1, so no interview by USICS).

[NikLR 13,220]

Colorado also doesnt need a notary BUT when I delved deeper, the estate would go into probate to assess the will before being acted upon.  With a notarized will this didnt happen so we chose the $5 notary fee. 

[Crazy Cat 39,375]

1 minute ago, NikLR said:

Colorado also doesnt need a notary BUT when I delved deeper, the estate would go into probate to assess the will before being acted upon.  With a notarized will this didnt happen so we chose the $5 notary fee. 

For a will or trust, I would definitely opt for a notarized signature.......