Will (and Deed) Not Correctly Notarized

[Groover]

Jurisdiction

Arkansas

Adam is in the hospital and is married to Betty. Betty has Adam sign a will (and a quit-claim deed). Betty is a notary and has a notary friend Harriet who "do favors for each other". One of these favors is for Adam to sign the documents without Harriet present or on a video call, then Betty takes the documents over to Harriet's place of work and she notarizes them. The witnesses also sign the will at Harriet's place of work.

Betty described the notoarizing scheme to me and I have a financial interest in both documents being invalidated. Adam has since died.

I can attest to the scheme being described to me but I cannot prove there wasn't a video call and that the witnesses were not present. I don't know how close Betty and Harriet actually are and if Harriet is willing to lie for her about this. Same for the witnesses.

What are my legal options, if any?

Do I wait until probate is opened then write to the court with my accusation? Does the judge then have a duty to question the notary and witnesses for the will?

 

[adjusterjack]

Do I wait until probate is opened then write to the court with my accusation?

Writing to the court is never an appropriate method. You'll have to file a lawsuit against the estate.

Does the judge then have a duty to question the notary and witnesses for the will?

No, the judge doesn't do any of that.

The party alleging the misconduct (or his attorney) does the questioning.

If there is a lot of money at stake I suggest you consult a probate attorney and review your options and the potential cost of litigation.

 

[zddoodah]

What are my legal options, if any?

Without more information than "I have a financial interest in both documents being invalidated," it is impossible to answer this question intelligently.

Do I wait until probate is opened then write to the court with my accusation? Does the judge then have a duty to question the notary and witnesses for the will?

I'm not sure what you mean by "write to the court." If you have standing, you can file an appropriate petition to contest the will.

I suggest conferring with a local attorney ASAP.