What estate planning documents must be witnessed?

In the state of West Virginia, certain estate planning documents must be witnessed in order to be legally valid. These documents, which are essential for ensuring that your wishes are followed after you pass away, include wills, trusts, power of attorney agreements, health care directives, and living wills. In order to be legally binding in West Virginia, these documents must be witnessed by two people who are not related to you by blood or marriage, are over the age of 18, and are not set to benefit from your will or trust, as determined by the document itself. They must have seen you sign the document and be able to attest that you were of sound mind and not under duress when you so did. In some cases, a notary public can be used in lieu of two witnesses. This is particularly helpful for documents that are electronically signed. The notary public will need to witness your signature and then add their own, attesting to the validity of the document. If any of the above requirements are not met, the document will not be legally valid. It is important to make sure that your estate planning documents are properly witnessed in order to ensure that your wishes are carried out after you pass away.

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