Posted by jm on 10/14/07 9:22pm
Msg #216477

Advise on Wills & Divorce

I live in Oregon and I have had two different people asking if I would notarize their signatures on Will & Divorce papers. I would like your opinion regarding this issue. Please advise. Thank you!!!!

Reply by Philip Johnson on 10/14/07 9:29pm
Msg #216478

Have you looked in the book for

witnessing or attesting a signture? Page 36

Reply by Philip Johnson on 10/14/07 9:31pm
Msg #216479

You can always call the state on Monday at

503-986-2200. Also don't forget you cannot choose the course for them, they will have to choose the certificate, per the AG.

Reply by jm on 10/14/07 9:34pm
Msg #216481

Re: You can always call the state on Monday at

Ok I'll call tomorrow. Thank you soooooooo much!!!

Reply by JanetK_CA on 10/15/07 2:34am
Msg #216486

For what it's worth, in California, wills are seldom notarized (just witnessed) and the state handbook recommends that a notary NOT notarize a will, but suggest that they see an attorney. This may be a result of influence by the state bar, but I suspect that the complexity of state laws on the subject have a lot to do with it, too. Your state is probably different (as they all are) but this is at least one perspective.

Reply by jm on 10/15/07 8:45am
Msg #216497

Thank you for your perspective. I appreciate it.

Reply by sue_pa on 10/15/07 8:44am
Msg #216496

I don't understand

Why do you need opinions? If you do 'regular' notary work and someone presents you with paperwork that has notarial wording and they have id, you notarize away. What the paperwork says is none of yoru concern. If they present you with their grocery store list and it has notarial wording, notarize away. I don't understand, at all, your reluctance.

Reply by jm on 10/15/07 8:46am
Msg #216498

Re: I don't understand Sue

Thanks for your view. Don't give your opion if you can't be nice.

Reply by Philip Johnson on 10/15/07 8:55am
Msg #216499

JM. You only want nice opinons?

You might want to toughen up your skin a bit, for she has a valid point.

Reply by BrendaTx on 10/15/07 9:51am
Msg #216502

Please do not post if you do not want answers. n/m

Reply by jm on 10/15/07 10:16am
Msg #216504

RE: Posting

One should be able to post for answers without being put down. That is what this is forum is for NOT, to belittle anyone who does. Thank you all for responding.

Reply by Korey Humphreys on 10/15/07 10:20am
Msg #216505

How's that putting you down? It was a valid point!

Wow! Some people are very emotional.

Reply by BrendaTx on 10/15/07 10:26am
Msg #216508

Re: How's that putting you down? It was a valid point!

**Wow! Some people are very emotional.**

Indeed. This place has turned into constant requests for group therapy.

Reply by Charm_AL on 10/15/07 10:35am
Msg #216511

therapy? did someone say therapy? sign me up!... n/m

Reply by John_NorCal on 10/15/07 4:25pm
Msg #216579

Doctor is in, $1.00 please (inflation you know!) n/m

Reply by BrendaTx on 10/15/07 10:23am
Msg #216506

Just because you say "thank you" doesn't make you nice

**One should be able to post for answers without being put down. That is what this is forum is for NOT, to belittle anyone who does. Thank you all for responding.**

You belittled sue_pa because you did not like her answer.

She gave a true and real answer and you were very ugly in response.

Yet, you believe by using a fake "thank you" it somehow makes everyone not see you as being snippy and hateful when you get answers you do not care for.

Reply by Frenchie/TN on 10/15/07 10:40am
Msg #216516

To get back to the subject at hand, when someone calls me to

notarize a will, I always ask if it has notary wording on it. If it does, I notarize, if it does not have certificate I explain to them what certificate is and regretfully I can't notarize without it. Same thing for divorce papers.

Reply by Sylvia_FL on 10/15/07 10:49am
Msg #216517

Re: To get back to the subject at hand, when someone calls me to

I will only notarize a will that has been prepared by an attorney. I don't feel comfotable otherwise. I have had people bring me a will that they have written out themselves on a yellow legal pad. I suggest that they consult an attorney.

Reply by Philip Johnson on 10/15/07 10:59am
Msg #216520

How about Legal zoom or one of the more professional

do it yourself kits? I have done a few of those.

Reply by Sylvia_FL on 10/15/07 11:10am
Msg #216526

Re: How about Legal zoom or one of the more professional

I am just not comfortable with wills not drawn up by an attorney.

In Florida, at least, wills do not have to be notarized to be valid.

Reply by WDMD on 10/15/07 11:14am
Msg #216527

Re: How about Legal zoom or one of the more professional

"In Florida, at least, wills do not have to be notarized to be valid."

Alot of people are under the impression that if a document has notorial stamp on it, it makes it a legal document. When people come to me with a will, I try to stress to them that they really need to consult an attorney with something as important as a will if they want to be sure it will be legal document stating their last wishes.

Reply by Linda Juenger on 10/15/07 11:16am
Msg #216528

Re: How about Legal zoom or one of the more professional

I was at a closing the other night and the borrower asked me if I would notarize a will for him after he writes it out. I got out my handy little IL law book and read him the section word for word. He said, wow, I think I'll have an attorney write it. I will not touch them either unless written by an attorney, then again have someone in the attorneys office notarize it. The slightest deviation of the law will actually nullify a will.

Reply by John_NorCal on 10/15/07 4:29pm
Msg #216581

Re: How about Legal zoom or one of the more professional

**In Florida, at least, wills do not have to be notarized to be valid.**

Same in California, they just need to be witnessed by 2 independent people who are not party to the will in any way.

Reply by Philip Johnson on 10/15/07 4:55pm
Msg #216584

John you may want to look at this website

http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2189

There are more ways than you think about a CA will.

Reply by MikeC/NY on 10/15/07 6:17pm
Msg #216592

Re: How about Legal zoom or one of the more professional

In NY, wills CANNOT be notarized - it's considered UPL (if the notary is an attorney it would be OK, but attorneys know not to do that).

What we can do here is notarize a "self-proving affidavit", which is then attached to the will. This is a statement from the witnesses saying that they actually witnessed the signing. The purpose of it is to avoid the need to track down the witnesses when the will goes to probate.

I believe NY also allows holographic wills, which do not have to be witnessed - they just have to be in the testator's own handwriting, signed and dated.

Reply by rengel/CA on 10/15/07 11:19am
Msg #216530

ok, we need a 'nice' way to tell people

that if you don't know your state's notary law, you should return your commission!
My .02

Reply by Philip Johnson on 10/15/07 11:43am
Msg #216535

What are you refering to?

An attested will (one that is written and witnessed) is valid in Washington state while a holographic will (one that is handwritten, but not witnessed) is invalid. Now the odd thing about this is that a holographic will is valid in CA and if the person moves to WA and becomes a WA citizen and passes away the will is valid due to the US Constitution. Go figure.

Reply by asigner on 10/16/07 2:44am
Msg #216628

With all due respect sue, I dont agree with that statement..

I think a notary should look for errors in the documents, should be concerned with what is going on, and I know many of you don't agree.
If all we do is close our eyes and notarize a document then why is it necessary to carry E&O?
Heck, why is it even necessary to have a notary? Just ask that the signature be witnessed by someone, and that witness post some personal contact information under his/her signature.
Fact= we are all in different states. No one on this board is a guru when comes all 50-states laws. Well, it can be pretty tough just keeping up with your own.
Our advise for others is a bit presumptuous at best and bordering downright arrogance.
And I can totally understand why jm is not understanding.
"Notarize away" I'm a little disappointed that a commission isnt given any more respect than that.

Reply by Sylvia_FL on 10/16/07 11:31am
Msg #216660

Re: With all due respect sue, I dont agree with that statement..

"I think a notary should look for errors in the documents"

A notary is not responsible for the contents of a document! We can look for blanks.
But to look for errors? I am not an attorney and couldn't advise on any errors in a legal document.

E&O is for notarial errors and omissions. The notary certificate is the notary's domain, not the document the certificate is on. When we put our seal on that certificate we are certifying that we have checked the identification of the person whose signature is being notarized and that they have appeared in front of us and either they are acknowledging they signed the document, or that they are swearing to facts contained in the document. We are not responsible for any errors there may be in the documents.