| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
Lisa T.
California
391 Posts |
 Posted - 05/25/2010 : 3:52:48 PM
|
In CA, unless on the advice of an attorney, Wills are to be witnessed only. I inform the caller of this and just advise him/her to have two people 18 years of age or over not related to the testator by blood or marriage, nor named in or a beneficiary to the Will, witness the testator sign the Will.
Many people get Wills from the office supply store or online (i.e. LegalZoom.com). |
|
|
|
Lee-AR
Arkansas
678 Posts |
Posted - 05/18/2010 : 09:37:50 AM
|
Looking at responses, I realize that it's a state-specific thing and all would do well to check what their own state has to say about the subject. I do also agree that #3 is a good response.
|
|
|
|
Maple
51 Posts |
Posted - 05/18/2010 : 08:39:51 AM
|
The one will-related notarization I did was for a person who had deposited his will at the county courthouse, and wanted to get it back. The request to get it back had to be notarized.
I would tell a person asking for a will notarization to ask their attorney. In Vermont, notarizing a will does not do any good, the witnesses may still have to vouch for the will in court. But I wouldn't tell the client that, I'd just send them to their lawyer. |
|
|
|
PWinFL
Florida
469 Posts |
Posted - 05/18/2010 : 05:13:09 AM
|
Every Florida Will that I have ever done, the notary has not only been required to notarize the testator's signature, but also the two witness' signatures. Therefore, the notary cannot act as a witness to the Will. This is especially true with Living Wills and other estate planning and family legal documents.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
|
|
|
jbelmont
California
3106 Posts |
Posted - 05/18/2010 : 02:22:16 AM
|
When we go to our Notary seminar, the teacher tells us not to notarize Wills, period. And then, when we are out in the real world, innocent to the harsh realities that confront us, we are asked to notarize a Will. What do we say?
You could say:
(1) Gulp? Huh?
(2) I'm not supposed to notarize Wills.
(3) What does your attorney say? What were his/her WRITTEN instructions?
Answer (3) is the correct answer. However, signers don't always have their attorney on a short leash. Its a better idea to decline unless given written instructions by an attorney.
Also, Wills are supposed to be witnessed. The notary could be a witness to a Will signing. It doesn't hurt to notarize a will, so long as the witnessing still happens. The notary could even record who the witnesses are and their ID's in their notary journal. Not a bad idea as documentation never hurts.
What is your experience?
Additional reading:
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3460
|
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
Notarizing Wills, who calls the shots?
