Posted by jba/fl on 2/1/08 7:47pm
Msg #233685

Classic Case Of How A Notary Can Really Mess Things Up...

I am so thankful for this conversation of late. I got a call tonight from someone asking if I would notarize for her father, a trust and a will. Since this was fresh, I told her no, that they really needed to consult with an attorney. She asked if I knew anyone else, said she was having a hard time getting someone. I referred her here to this conversation for all the comments to help them make up their minds that this would be the best place to take their business (atty - not NotRot) for their own peace of mind.

Before I get slammed, I would never have done this, I know better, but it was nice to be able to refer her to a printed discussion on the pitfalls of possibly trying to save a few dollars.

Reply by Becca_FL on 2/1/08 8:22pm
Msg #233695

Julie, You can notarize wills in Florida.

Turn to page 60 of your manual and read. Go to my website for a pdf of a will jurat. I carry with me a copy of page 60 and the appropriate jurats. If the testator doesn't know what kind of certificate to direct me to use. I hand them a copy of page 60, allow them to read it, explain that I can not advise them and ask what type of certificate they want attached.


http://floridasnotary.com/resources.aspx Will Jurat

Reply by Sylvia_FL on 2/1/08 8:31pm
Msg #233698

Re: Julie, You can notarize wills in Florida.

I know we are allowed to, but I will only notarize signatures on wills that have been drawn up by an attorney.

Reply by jba/fl on 2/1/08 8:35pm
Msg #233699

Re: Julie, You can notarize wills in Florida.

Trust - trust, not just will.

Reply by Becca_FL on 2/1/08 8:41pm
Msg #233702

Re: Julie, You can notarize wills in Florida.

Trusts are not a problem either. Living in Geezerville, as I do, I get many calls for Trusts drawn by an atty up north for the snowbirds to execute down here. In fact, I've had many atty's call me directly and pay me directly to complete such tasks. I've got one for scheduled tomorrow...the signer found me doing a google search.

Reply by Becca_FL on 2/1/08 8:37pm
Msg #233700

Re: Julie, You can notarize wills in Florida. Sylvia

Funny thing is...I get calls frequently to notarize wills drawn by a local non-lawyer solution shop and every time they have just a regular jurat attached or written into the body of the doc. I refuse to notarize and hand the testator a copy of page 60. 90% of them get it and 10% don't. I walk away from the 10% that don't get it and tell them to go back to the shop that typed the will for them.

Reply by Sylvia_FL on 2/1/08 8:50pm
Msg #233705

Re: Julie, You can notarize wills in Florida. Sylvia

I have had people come to me with wills written on one of those yellow legal pads!
I just tell them that I don't feel comfortable notarizing their signature on a will that has not been drawn up by an attorney.

A few years ago I had one that had been drawn up by an attorney. The signer only had one witness, the attorney told him the notary could act as the 2nd witness. I called the attorney who argued with me that I could be a witness. I finally got her to understand that I would be notarizing the witnesses signatures and I cannot notarize my own signature. She then asked if my husband could be a witness. I told her that I cannot notarize his signature either.
She got a little testy with me. The signer ended up finding another witness.

Reply by Becca_FL on 2/1/08 9:08pm
Msg #233712

Re: Julie, You can notarize wills in Florida. Sylvia

Yellow legal pad will = No way Jose! Some atty's just don't get it...I know.

Reply by Art_PA on 2/1/08 9:33pm
Msg #233717

There are wills and trusts and there are wills and trusts. If the documents presented have been prepared by an attorney there will usually be a letter of instructions concerning execution requirements.

You may also encounter documents which have been prepared by the people themselves, and in that case they may not know how the docuemnts should be executed or who may be witnesses. The states have different requirements in that regard.

You may also encounter very dangerous situations, possibly this one, in which a child has documents (will, trust, PA) for a parent. You may be assisting a child who is exerting undue influence on a parent, even thought the parent may not be incapacitated, or for a person who does not have the requisite capacity to make a will. This type of elder abuse happens frequently.

You will never know when you could be a witness, or even a defendant, in a court proceeding attacking the will. In any case, the fee you earned will never compensate you for the time and aggravation.

In any event, you have to evaluate each instance, then decide if it is worth your time and the possible exposure. Your case may be perfectly innocent where he is leaving everything to his only child, and using a trust to make it easier if he becomes incapacitated. Or, she may have docments which will disinherit his other children. "Dad if you don't sign these I am leaving and you will have to go into a nursing home" Can you be sure?

Reply by Philip Johnson on 2/2/08 2:01pm
Msg #233823

Are you notarizing signatures or making sure their family

is being taken care of?

"In any event, you have to evaluate each instance, then decide if it is worth your time and the possible exposure. Your case may be perfectly innocent where he is leaving everything to his only child, and using a trust to make it easier if he becomes incapacitated. Or, she may have docments which will disinherit his other children. "Dad if you don't sign these I am leaving and you will have to go into a nursing home" Can you be sure?"

The only thing that one needs to be sure of is the folks standing in front of you are truly who they say they are. I don't get into anything else, it's none of my business.

Reply by Maureen_nh on 2/1/08 10:38pm
Msg #233733

I can notarize wills etc and have had many calls. They all get the same answer--Not unless it is prepared by an attorney.
However i do tell them that this my call and my choice and they can call someone else.