Once my advance directives, living will, financial power of attorney, last will, and TOD deed are signed, notarized, and recorded, are they all legally valid and fully effective?
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Yes — once your advanced directives, living will, financial power of attorney, and last will & testament are properly signed and notarized, they are legally valid documents. Each of these serves a different purpose, but notarization ensures they meet your state’s formal execution requirements.
After that, the Transfer on Death (TOD) Deed must also be signed, notarized, and recorded with the county recorder’s office to become legally effective. Recording is crucial — the deed does not transfer anything until it’s officially on file with the county.
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I just filled out 7 documents. I want to make sure I need all these. I’m 70 and my husband is 72.
I understand the importance of ensuring you have the correct documents at your age. Have you recently experienced any major life changes that prompted you to fill out these documents?
Yes.
Are these documents related to estate planning, healthcare directives, or another legal matter?
Yes, old age.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your estate planning.
Does it cost to talk with a lawyer?
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, what documents have you filled out?
All these for both of us:
Advance Directives… Medical
Includes a living will
Durable financial power of attorney
Mississippi last will and testament
Transfer on Death Deed
Do you have real estate?
7 documents on this site. Just want to make sure it will all be legal when I get them notarized.
Yes. A home on 7.5 acres. All paid off.
Do you have assets besides real estate that don't have set beneficiaries?
Bank accounts. I named my only 2 sons as beneficiaries in the will of both of us.
You can name beneficiaries to accounts. With the will, anything transferred via that would have to go through probate. The transfer on death deed avoids probate for your real estate.
Will the bank accounts still have to go through probate?
If the bank accounts allow a direct named beneficiary, they would not have to probate.
I named oldest son as Durable Financial Power of Attorney. I’ll talk to the bank.
So, when I get all these signed and notarized, are they legal?
Yes — once your advanced directives, living will, financial power of attorney, and last will & testament are properly signed and notarized, they are legally valid documents. Each of these serves a different purpose, but notarization ensures they meet your state’s formal execution requirements.
After that, the Transfer on Death (TOD) Deed must also be signed, notarized, and recorded with the county recorder’s office to become legally effective. Recording is crucial — the deed does not transfer anything until it’s officially on file with the county.
Yes ma’am. Is there anything else I need to consider?
You do need to be sure to store everything where your son knows where it's located.
He’s putting a copy of each in his business safe. Thank you so much for your input.
Perfect, you're very welcome!
