Posted by HL in PA on 4/14/05 7:33am
Msg #31717

Notarizing Living Wills

Hello,

I have been asked to notarize a living will. The clients (husband/wife) had the documents drawn up for them and they just want me to do the notarizations. Since I am new to doing living wills I was wondering what feedback I could receive from my fellow notaries. Also, any ideas on what a reasonable fee may be to do this since this will be my first time notarizing living wills. I have strictly been doing mostly home closings and obviously there is a difference. I don't want to under charge but I also don't want to overcharge since I am good friends with the couple's family.

Any advice or "heads-up" is much appreciated!

Reply by PAW_Fl on 4/14/05 7:49am
Msg #31719

Apparently, this is a "notary only" job, so therefore, you can only charge what your state allows for notary fees, plus reasonable mileage charge. Of course, you don't have to charge at all, it is up to you.

You may need witnesses, other than yourself, depending on how the document is prepared. Some attorneys prepare them such that the witnesses (often two of them) are under oath that they know the signers to be of sound mind and are doing this under their own free will. This makes the wills "self proving". Since the witnesses must be placed under oath, the notary cannot be a witness in that case. The testator often signs twice on the document, once as an acknowledgment and again as being under oath and swearing the information is true and accurate.

Other than that, you are not to be concerned with the contents of the will. Just make sure it is complete and the proper people sign it and you notarize it. Follow PA statutes for notarization and you'll do just fine.

Reply by HL in PA on 4/14/05 8:21am
Msg #31724

Hi PAW, Thanks for the quick response. I had figured around that amount.

Reply by PA Notary on 4/14/05 10:00am
Msg #31733

HL: I'm sure you're aware that in PA, the fee for notarization is $2 for single signature and
$3 for joint sigs. Wow...can't get rich doing that. I understand that there is a move afoot in the state to increase the fees to $5 to $10. Maybe I can afford center cut jumbo baloney now !

Reply by sue/pa on 4/14/05 10:16am
Msg #31737

but if you travel to the signer you can charge a travel fee as long as you disclose it to them prior to the appt.

Reply by HL in PA on 4/14/05 10:16am
Msg #31738

Hi PA Notary,

Yeah, I'm aware of the set notary fees. I was just trying to figure out if with the wills those fees applied or if there was other fees. For instance, like PAW in FL stated the standard fee plus if I wanted to charge for mileage, etc.

These are really good people and I'm in no way trying to get rich off of them. Besides, like you said who can get rich off of $2 for single sign. and $3 for joint sign!!??

If the fee goes up maybe we can even afford chips to go with the baloney!! LOL

Reply by Jen_TX on 4/14/05 10:05am
Msg #31734

The fee I am paid by an attorney for living wills is $65.00, and I am paid at the signing! You should definately check on the witness thing. Their is always two on the living wills I've completed.

Reply by HL in PA on 4/14/05 10:18am
Msg #31741

Hi Jen,

I know we are in different states but if you don't mind me asking, how many pages are typically in the living wills that you do and do you find them to be somewhat time consuming or not? I am so use to doing the loan closings that I want to make sure I do everything just so with this living will. I'm sure I'm over analyzing things but its always better to be safe than sorry. Right!!

Reply by Ernest_CT on 4/15/05 10:54am
Msg #31954

Huh? $65 for NOTARIZING a living will?! Even if the document has several notary blocks, that sounds excessive. Are you traveling miles++ to do it?

Or are you drafting the living will for the attorney's and client's review, then notarizing when they've OK'd it?

I can't imagine that $65 to notarize a living will would be legal.

Reply by BrendaTX on 4/15/05 12:10pm
Msg #31964

Ernest...

This is a thing that is going on in Texas. And, when I got the call I could not do it, but was going to charge $65.

Think for a moment...

You go to them.

A lawyer is usually there (my situation, anyhow) and it's likely older folks. They like to prolong the visit. They want to tell you all about their lives, when they were a notary, etc.

If the lawyer does not pay you $65 then you'd never take the job. Period.

Your travel and your time is worth a lot when you "go to."

Reply by Ernest_CT on 4/15/05 2:15pm
Msg #32000

Umm. On third thought, ...

... considering the amount of time some borrowers want (one on Wednesday wanted to show me how he canes chairs, one on Thursday told me all about his 17-acre farm and his new tractor), and that there would be a lawyer present (I'm not going to begin to explain that clause!), then maybe $65 for a local trip isn't excessive.

Please, everyone, note that I'm not complaining about chatting with signers when I do not have to go to another signing or rush to make the FedEx / UPS / DHL drop! One of the things I really do enjoy very much is meeting the people I serve. There have been a lot of genuinely nice people that I have found pleasant to be around. Over all, there has been a small number who were less than enjoyable. (Thanks, Brenda, for making me take stock!)

Although I wouldn't want it to get around (it would ruin my reputation as a money-grubbing curmudeon), I'll admit here that I enjoyed the discussion of the 17-acre horse farm that I notarized his ___ document (nothing to do with the HELOC) at no charge after we were finished with the loan docs.