Posted by Bob/Ventura/CA on 8/3/04 11:08am
Msg #5415

Wills

Had a lady approach me today concerning a will she wishs to establish for her Moms property in NY. She asked me to notarize the doc. I explained I'm not allowed to notarize wills, unless she was directed to by an attorney. My question is : Does anyone know if she is suppose to file that will with the county clerk, since it involves real property? Which is also out of state.
Thank you, Bob.

Reply by Bobbi in CT on 8/3/04 6:33pm
Msg #5428

Will in CA for Mom's NY property ...

Not an attorney. Not giving legal advice. Based on NY real property, will, and NY attorneys stuff that crosses my desk: What I read ain't gonna work the way lady thinks it will. Mom can direct in Mom's Will that she leaves a specific bequest of 123 Main Street, Anytown, New York, to daughter - however, there are far more issues to doing so than you want to know. #1 issue: Mom should be the one saying what she wants in her Will and looking for someone to draft it. Even in circumstances where Mom is in a nursing home or hospital and one of many children is looking for someone to notarize or draft a Fast Will, there are better (and "safer") options than going direct to a Notary Public.

I think you fell within the safety zone by not notarizing the will. Although, to avoid "refusing to notarize" a phrasing of, "I am unfamiliar with this type of document and do not want to do it incorrectly and have you later discover that the document is no good because of my notarization error. I suggest that you ask an attorney or a notary at an attorney's office to handle this for you."

Comfort Zone Calls to notarize a Will or Trust: Mom's attorney drafted a Will and she is in a nursing home and we need a mobile Notary Public to help execute it. I have written instructions from her attorney on how to do it, including his telephone number if you have any questions.