Posted by VA_Notary on 4/24/05 9:42pm
Msg #33699

Last Will notarization

Anybody

How much to charge for a last will? This is the first time I got a call for this and had no idea? Also how much for a degree/certification?

Thanks ia advance to all those who'll reply!!!

Reply by Ernest_CT on 4/24/05 9:53pm
Msg #33702

Your state sets the fees for simple notarizations, doesn't it? A will is a simple notarization, isn't it?

Just make sure that the will was drawn up by a lawyer! CT warns us explicitly about the dangers of notarizing a hand-written (or self-drawn) will.

Reply by Sylvia_FL on 4/24/05 10:11pm
Msg #33707

Please do not do this, unless the will was drawn up by an attorney.
There are too many problems that can come up with notarizing wills. I will only do them if drawn up by an attorney.

And do not, under any circumstances act as a witness on the will.

Your best bet is to refer them to an attorney.

Reply by Ernest_CT on 4/24/05 10:16pm
Msg #33711

Thanks, Sylvia! I hadn't even thought that the neophyte notary might be asked to be a witness. As Sylvia said, DON'T!

Reply by Sylvia_FL on 4/24/05 10:44pm
Msg #33718

Ernest
Don't know if you saw my post to Brenda in an earlier thread, but I did a loan signing for an attorney once, he was also a notary and his wife helped out in the office occasionally.
Not only did he draw up wills, and notarize them himself, but he had his wife act as the witness on the wills.

Reply by Ernest_CT on 4/24/05 10:48pm
Msg #33720

Yes, Sylvia, I saw it; thanks. That attorney must have been either crazy or eager to be a defendant. (And you know what they say about lawyers who act as their own attornies.)

I'm trying to catch up on the posts because I've been running my butt off the last couple of days. I asked to be busy, and now I remember that I must be very careful what I ask for....

Reply by Sylvia_FL on 4/24/05 11:04pm
Msg #33728

I pointed out to him that he could not use his wife as a witness, as he was notarizing the will, and he wanted to know where that was 'written in law" - I showed him the relevant notary law that he cannot notarize his wife's signature. He had no idea he couldn't notarize for his wife! Then he said he wasn't concerned as he was sure the wills he drew up wouldn't be contested! Right! I bet every attorney who draws up a will is sure it won't be contested!

Reply by Ernest_CT on 4/24/05 11:09pm
Msg #33729

I just told Sandi (my long-suffering wife) about the attorney and asked rhetorically "What planet was he from?r" She replied "The planet of Greed."

Reply by Sylvia_FL on 4/24/05 11:22pm
Msg #33735

You have an astute wife

Reply by Ernest_CT on 4/24/05 11:28pm
Msg #33736

She's blushing! (And we both thank you.) Sandi is being kind and not saying "But not astute enough not to marry you."

Reply by Sylvia_FL on 4/25/05 12:12am
Msg #33739

That is where you were the astute one You married Sandi

Reply by Mary Pierce/PA on 4/25/05 5:43am
Msg #33745

I agree about the attorney doing the will. I work for an attorney and we are doing an estate and the guy had a basic will drawn up - well the Register of Wills will not accept it because it is not a self-proving will. Now the wife has to get the witnesses to come in and sign an affidavit saying yes it was his signature.

Reply by sue on 4/25/05 6:07am
Msg #33746

that's not a big deal - mail them the witness oath w/$20 and they get it notarized and return. They do not have to appear before the Register. If the witness is no longer available, anyone who is familiar with the decedent's signature can sign the oath. I witnessed hundreds upon hundreds of wills before we started using self-proving wills and even after the self-proving wills were the norm we in many circumstances did them w/the 2 witnesses for the convenience of the client.

Reply by Amanda-VA on 4/25/05 7:45am
Msg #33748

Did you get a request by email? If its the same one I got, this person wanted you to notarize and provide 3 witnesses. Just wondering, looks like they are shopping around.

Reply by VA_Notary on 4/25/05 8:39am
Msg #33752

Yeah I think so. Did he ask you for next weekend? and he's from springfield?

Reply by Hank-VA on 4/25/05 1:37pm
Msg #33816

Amanda
I recived the same e-mail on yesterday which I turned down.