Legal FAQ
Quick answers to the questions we hear most. General information only, not legal advice.
What makes a contract legally binding?
Generally, an offer, acceptance, something of value exchanged by each side, parties with legal capacity and a lawful purpose. Certain contracts, such as real estate sales, must also be in writing to be enforceable.
What does a notary actually do?
A notary public verifies the identity of the person signing, confirms they are signing willingly, and records the signing with a seal and signature. A notary does not check whether the document is legally correct.
What is the difference between a witness and a notary?
A witness watches you sign and signs to confirm it. A notary is a state-commissioned official who verifies identity and certifies the signature. Some documents need witnesses, some need a notary, and some, like many wills with self-proving affidavits, need both.
Are electronic signatures valid?
For most contracts, yes. Federal and state laws generally treat electronic signatures like handwritten ones. Wills, some real estate filings and notarized documents can have special rules.
Can I use a document from another state?
Many contracts work across states, but documents governed by state law, such as leases, deeds, wills and powers of attorney, should follow the law of the relevant state. A document valid where it was signed is often recognized elsewhere, but not always.
What happens if I die without a will?
State intestacy laws decide who inherits, usually your spouse and close relatives in a fixed order, and a court appoints someone to manage your estate and, if needed, a guardian for your children.
How long should I keep signed documents?
Keep important documents such as wills, deeds and powers of attorney indefinitely. Keep contracts at least until they end plus the time in which a claim could be brought, which varies by state and type of claim, often several years.
Can I change a contract after it is signed?
Yes, if all parties agree. Changes should be made in writing, usually with an amendment or addendum signed by everyone who signed the original.