Posted by Teresa Dial on 9/27/05 3:49pm
Msg #67643

Wills?

Hi, out there gotta question i am in fl. and i have been asked to notarize a will. I have never done this before so i looked in the fl law primer book and really do not know if i should do this... i was nervous already, but the primer has me wondering if i should do this or not... can anyone give me advice???? The gentleman stated that his will was not done by an attorney...but just one of those Suzie Orman wills????? HUH????? Never heard of that.. but have heard of her..... Can anyone give me some insight... I have to be there @ 6:30pm Eastern Time..TIA

Reply by Anonymous on 9/27/05 3:55pm
Msg #67644

could someone assist me with this matter???? thanks

Reply by Teresa Dial on 9/27/05 3:56pm
Msg #67645

oops forgot to check by my name sorry..

Reply by CarolynCO on 9/27/05 4:01pm
Msg #67647

You posted the original post at 3:49 and now at 3:55 because no one has responded, you are asking for assistance ??? This isn't an instant messaging forum.

Reply by Teresa Dial on 9/27/05 4:24pm
Msg #67649

Glad you have time to look at the clock... Carolyn CO i don't...... sorry to offend you with my postings... i usually do not post too much on this forum because of the simple fact of smart..... commments from someone like yourself.....

Reply by BLE on 9/27/05 4:29pm
Msg #67650

For CarolynCO

Hey that was pretty rude. She didn't post the second time demanding immediate help.

Reply by Kevin Thrasher on 9/27/05 4:47pm
Msg #67654

Re: For CarolynCO

Although I'm not in FL, I am a trained paralegal (degree), and it does not matter what kind of will it is ( as long as it is not holographic - handwritten) , You can notarize it. Wills in any state require witnessess who do not benefit from the will. You are notarizing the signature of the person. That is all. You are not attesting to the contents of the documents, whether they are true - whatever. You do have to ascertain that the person signing the document is competent to sign. If they can tell you what it is they are signing, know their name, date, and are able to sign without assistance from others, you can notarize the will. Also, the witnessess must sign in your presence prior to notarizing the will. Note there names and ID in your log, along with the person signing the will's info. Hope this helps.

Reply by Cris_AR on 9/27/05 4:39pm
Msg #67651

Re: Wills? Florida

Theresa I cannot help because I am not from Florida, perhaps you can put Florida in the subject line and that will help??? Nevermind I will do it for you, have a great day and good luck!

Reply by Sylvia_FL on 9/27/05 4:45pm
Msg #67653

Teresa
I do notarize wills - but only if they have been drawn up by an attorney!I would direct the gentleman to an attorney.

Reply by Kevin Thrasher on 9/27/05 5:07pm
Msg #67658

Although I'm not in FL, I am a trained paralegal (degree), and it does not matter what kind of will it is ( as long as it is not holographic - handwritten) , You can notarize it. Wills in any state require witnessess who do not benefit from the will. You are notarizing the signature of the person. That is all. You are not attesting to the contents of the documents, whether they are true - whatever. You do have to ascertain that the person signing the document is competent to sign. If they can tell you what it is they are signing, know their name, date, and are able to sign without assistance from others, you can notarize the will. Also, the witnessess must sign in your presence prior to notarizing the will. Note there names and ID in your log, along with the person signing the will's info. Hope this helps. [e-mail address]

Reply by Sylvia_FL on 9/27/05 5:29pm
Msg #67664

Teresa
You can e-mail me or call me if you like. Click on my profile.

Reply by PAW_Fl on 9/27/05 5:57pm
Msg #67668

In Florida, there is no witness requirements for you to notarize some types of wills, even though all wills, by statute, require witnesses. Only self-proving wills need to have witnesses sign in the presence of the notary public. The Florida Notary Education section of the Department of State (http://notaries.dos.state.fl.us/education/faq/) recently published the following excerpt from the Florida Governor's Reference Manual for Notaries (ed. 2001, pg. 60):

May I notarize a will that has not been prepared by an attorney? What does it mean to make a will "self-proving"?

Yes, you may notarize a will, whether prepared by an attorney or not, provided the required conditions for a notarization are met.

* The document signer must be present and competent to execute the document.
* The signer must be personally known to you or produce appropriate identification.
* The document must have a jurat, or the document signer must direct you to provide a jurat.

Making a will self-proving shortens and simplifies the steps of probate. Section 732.503, Florida Statutes, prescribes the method by which a will (or an addendum to an existing will, known as a codicil) may be self-proved. The process involves the testator and witnesses taking an oath and signing an affidavit stating that they signed the will in the presence of each other. The notary is responsible for administering an oath to the testator and the witnesses, and for completing the jurat.

As with any document, an improperly notarized will can result in serious legal problems; therefore, you should exercise caution when asked to notarize a signature on a will. This is especially true of a “home-made will” where the person has not sought adequate legal advice. Unless you are a licensed attorney, you may not give legal advice about the contents of the will or the proper method of executing the document. You are also not responsible, nor required, to make the will self-proving but may add the affidavit and notarial certificate above if requested by the testator. However, you may not explain the purpose or effect of the self-proving process.

Witnesses -
The notary does not have the responsibility of furnishing two witnesses for the execution of a self proving will, or any other document. Because the witnesses’ signatures are also notarized on a self-proved will, the notary may not serve as one of the witnesses. This also eliminates the notary’s spouse, son, daughter, mother, or father from being one of the witnesses.

The affidavit is the form prescribed in §732.503, Florida Statutes and shown on page 60 of the notary manual.

You may also wish to review the following information from MedLaw about wills in Florida. http://www.medlawplus.com/library/legal/states/florida.tpl?page=lwt


DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney.

Reply by Teresa Dial on 9/27/05 8:22pm
Msg #67686

Re: Wills? Florida

HI! Thanks to all of you for your thoughts on this matter. Sylvia, again thanks for offering to speak with you directly your a doll. thaks again everyone. have a great week!

Reply by CarissaCA on 9/28/05 9:49am
Msg #67745

Re: Wills? Florida

In California, they recommend that you not notarize wills unless it has been recommended by an attorney that the will be notarized.