<<<Of course, a notary should have been present while the Will was being signed in front of the Witnesses, so their signatures on the sworn statement could be notarized in “real time”.>>>
Unless there's a *probate code* in your state that requires a notary to be present at the witnessing of the Will - so that the witness' signatures can be notarized *on the spot*, then I see no reason why you cannot notarize the witnesses sworn statement.
The reason I bring up the issue of probate codes is that I had a lady call to say her friend "Mary" had no family and wanted to leave her possessions to her ("Jane"), could I notarize "Mary's" signature on a letter drafted by "Jane". Because I know about CA probate codes 21380 - 21392, which requires a Certificate of Independent Review by an attorney, I explained to "Jane" that the letter (which essentially is a Will) must be reviewed by an attorney - and have the certificate attached - before I can notarize it.
She became angry and said "Mary" didn't have any money for an attorney and I just needed to witness Mary's signature on the letter and not concern myself with the rest. I told her it's useless for me to notarize Mary's signature on a doc that would basically be invalid without the Cert of Ind Review, therefore, I would not do it. Jane mumbled something and hung up.
In 97% of cases, we don't analyze, we notarize. However, I believe the Will issue falls in the 3% range. I do believe this situation needs analyzing before you notarize as there could be probate codes connected and need to be followed before notarizing. If you don't feel comfortable notarizing this sworn statement by the witnesses, then don't. If you do choose to, I'd check your state's probate codes to ensure you're not violating any of them by notarizing the statement. JMO
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| Messages in this Thread |
|  After the Fact, Witness Statement? - TacomaBoy on 9/25/16 3:08am |
|  Notarize, don't Analyze... - Linda_H/FL on 9/25/16 8:16am |
|  Analyze, then Notarize! - Peggy Taylor on 9/25/16 1:15pm |
|  Peg, your scenario is entirely different from - Linda_H/FL on 9/25/16 1:28pm |
|  Yes Linda, I Know The Scenario Was Entirely Different . . . - Peggy Taylor on 9/25/16 1:37pm |
| Whether the document was drawn properly is not my business. -  C. Rivera Chicago Notary Services on 9/25/16 2:59pm |
| Not my concern to tell them this...they have to - Linda_H/FL on 9/25/16 3:26pm |
| Linda, your concern for your clients is clear, none. And its - C. Rivera Chicago Notary Services on 9/25/16 7:22pm |
|  Cari, you don't know me so you know nothing... - Linda_H/FL on 9/26/16 8:18am |
|  Linda, it doesn't feel good to get judged here does it? - C. Rivera Chicago Notary Services on 9/28/16 8:07am |
| Re: After the Fact, Witness Statement? - Art_PA on 9/25/16 9:22am |
| I agree. If the witness statement was not notarized at the - MW/VA on 9/25/16 9:30am |
| I would've notarized the document as the legitimacy of the - C. Rivera Chicago Notary Services on 9/25/16 3:29pm |
| Re: After the Fact, Witness Statement? - Luckydog on 9/25/16 1:35pm |
| I'm With You Luckydog . . . - Peggy Taylor on 9/25/16 1:42pm |
 | Re: After the Fact, Witness Statement? - LKT/CA on 9/25/16 2:10pm |
| Re: After the Fact, Witness Statement? - MikeC/TX on 9/25/16 4:19pm |
| Agree w/Mike. n/m - C. Rivera Chicago Notary Services on 9/25/16 7:24pm |
| Re: After the Fact, Witness Statement? - JanetK_CA on 9/25/16 8:19pm |
| Thanks, Mike. That's good info. n/m - MW/VA on 9/26/16 8:06am |
