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TGS1985
California
208 Posts |
 Posted - 05/22/2012 : 7:11:17 PM
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quote:
Originally posted by DianaNotary
I've never notarized wills, just witnessed the signatures as an individual. What i've noticed throughout the years, people confuse wills with trusts. Signatures on the trusts are notarized. I think the general rule is that a signature on a will can only be notarized if it has been prepared by an attorney. Most of the attorneys i work with, require signatures on wills to be witnessed and not notarized.
^^^Basically this... Most phone calls I get are for living trusts and the POA's associated with them. That said, I do advertise that I am available to notarize wills in CA, BUT ONLY if I get confirmation from the signer's licensed Attorney that he/she requires it, that way I cover my butt. Has never come up though.
- Tyler -
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Edited by - TGS1985 on 05/22/2012 7:12:23 PM |
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LindaH
Florida
1754 Posts |
Posted - 05/13/2012 : 08:49:31 AM
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We can in FL...per page 60 of our handbook
"Q May I notarize a will that has not been prepared by an attorney?
What does it mean to make a will “self-proving”?
A Yes, you may notarize a will, whether prepared by an attorney or not, provided the required conditions for a notarization are met.
The document signer must be present and competent to execute the document.
The signer must be personally known to you or produce
appropriate identification.
The document must have a jurat, or the document signer must
direct you to provide a jurat.
Making a will self-proving shortens and simplifies the steps of
probate. Section 732.503, Florida Statutes, prescribes the method by
which a will (or an addendum to an existing will, known as a codicil) may be self-proved. The process involves the testator and witnesses taking an oath and signing an affidavit stating that they signed the will in the presence of each other. The notary is responsible for administering an oath to the testator and the witnesses, and for completing the jurat. As with any document, an improperly notarized will can result in serious legal problems; therefore, you should exercise caution when asked to notarize a signature on a will. This is especially true of a “home-made will” where the person has not sought adequate legal advice. Unless you are a licensed attorney, you may not give legal advice about the contents of the will or the proper method of executing the document.
You are also not responsible, nor required, to make the will self-proving but may add the affidavit and notarial certificate above if requested by the testator. However, you may not explain the purpose or effect of the self-proving process.
Witnesses
The notary does not have the responsibility of furnishing two witnesses for the execution of a selfproving will, or any other document. Because the witnesses’ signatures are also notarized on a self-proved will, the notary may not serve as one of the witnesses. This also eliminates the notary’s spouse, son, daughter, mother, or father from being one of the witnesses.
The above affidavit is the form prescribed in §732.503, Florida Statutes"
Linda
http://www.columbiacountynotary.webs.com |
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edelske
New York
815 Posts |
Posted - 05/13/2012 : 07:50:48 AM
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New York Notary Public License Law
RESTRICTIONS AND VIOLATIONS JUDICIARY LAW
484 None but attorneys to practice in the state
485 Violation of certain preceding sections a misdemeanor
750 Power of courts to punish for criminal contempts
Illegal practice of law by notary public
Wills
A notary public is cautioned not to execute an acknowledgment of the execution of a will.
Source: http://www.dos.ny.gov/licensing/lawbooks/NOTARY.pdf
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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DianaNotary
California
171 Posts |
Posted - 04/12/2012 : 11:21:48 AM
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I've never notarized wills, just witnessed the signatures as an individual. What i've noticed throughout the years, people confuse wills with trusts. Signatures on the trusts are notarized. I think the general rule is that a signature on a will can only be notarized if it has been prepared by an attorney. Most of the attorneys i work with, require signatures on wills to be witnessed and not notarized.
http://www.DianaNotary.com |
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jbelmont
California
3106 Posts |
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Can a notary witness a will or notarize one?
