Posted by laura padilla on 4/25/07 9:18pm
Msg #187020

wills

I have been a notary for about a year now and all i've really dealt with is loan docs and today a friend came to me asking to notarize her will. She drew up the will and has 2 witnesses, my question is if someone draws up a will and needs it witnessed and notarized, can i notarize it?

Reply by OR on 4/25/07 9:49pm
Msg #187025

In Oregon you can because you can represent your self in Oregon.

Reply by laura padilla on 4/25/07 9:57pm
Msg #187026

thank you, anyone from california that can answer this for me.

Reply by Sylvia_FL on 4/25/07 10:10pm
Msg #187031

Laura
Everything I have seen on this subject over the last several years from CA notaries is you need to refer the signer to an atttorney.

Reply by LynnNC on 4/25/07 10:15pm
Msg #187033

People prepare their own wills off the Internet all the time now. Is something different in CA?

Reply by Joan Bergstrom on 4/25/07 10:55pm
Msg #187038

For California notaries: A notary should not notarize a will unless an attorney recommended that the will be notarized.

Reply by LynnNC on 4/26/07 7:30am
Msg #187057

With the availability of online forms for simple wills, this sounds like a statute attorneys pushed through to line their own pockets.

Reply by JanetK_CA on 4/26/07 8:58pm
Msg #187263

Actually, in virtually every estate plan that I've notarized (a pretty fair number, all prepared by estate plan attorneys), the will was *never* among the docs notarized - it was just witnessed. (And in CA, the notary is allowed to be one of the witnesses.) Just FWIW.

Reply by Jon on 4/25/07 10:20pm
Msg #187034

"...if someone draws up a will and needs it witnessed and notarized, can i notarize it?"

Yes, you can. However, the handbook also states that you should refer the person to an attorney and only notarize at the attorney's direction.

Reply by laura padilla on 4/25/07 10:41pm
Msg #187036

Thank you.

Reply by SueW/Tn on 4/26/07 9:53am
Msg #187084

One of the biggest issues is

people THINK that because they've gotten a doc notarized IT'S LEGAL. Once I explain that I'm only notarizing a signature and NOT the legality of a doc...they always ALWAYS gasp and say "I think I better see an attorney on this". Case again...closed.

Reply by Lisa/VA on 4/26/07 10:57am
Msg #187111

Re: One of the biggest issues is

Sue, You're exactly right about the legality of the will (not that you need my say-so). Here in VA, a local attorney held our Notary Prep class and told us that we should never notarize a will simply because too many things could go wrong.

and I personally would hate to be "on the hook" for something like a will. JMHO

Reply by LynnNC on 4/26/07 3:22pm
Msg #187198

Re: One of the biggest issues is

We have nothing to do with what is in a document. We only notarize a signature.

Reply by MelissaCT on 4/26/07 4:37pm
Msg #187218

Correct, but a will is a "horse of a different color"

and many states are very specific about notarizing or not notarizing a will.