When your relative appears on a legal document in any capacity, determine who was eligible to act in that capacity and who was ineligible to act in that capacity. There could be significant genealogical details in those requirements. Typically someone who witnesses a will must be a disinterested party–this usually means they are not an heir-at-law of the testator or a beneficiary of the will the testator is signing. Witnesses to homestead claims under the US Homestead Act of 1862 typically were not to be relatives of the claimant. Guardians of a child’s estate typically had to be of the age of majority and meet other requirements set by state statute. Children over the age of 14 typically could choose their guardian–with approval of the court. Individuals serving […]
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