Posted by Ed Garcia on 2/14/06 9:55pm
Msg #97252

Last wishes...

I have an elderly friend that would like to leave a few items, such as jewelry, antiques and a few other items to a specific grandaughter when she passes. The envelope this hand written document is contained in says," Last will and testament". That wording on the envelope is what is bothering me. I understand that we don't normally deal with Wills unless the signer has consulted an attorney. I advised her to ask her attorney about it and see what he/she said. I am just starting out in the notary world and would like a little advice on dealing with this situation, I am in California and thank you for any help.

Reply by AmandaCA on 2/14/06 10:01pm
Msg #97255

Ed, I used to do many notaries for an attorneys firm. We NEVER notarized wills that they prepared themselves. When the attorney prepared the will a witness signature was needed but not notarized. I was taught, to never never never notarize a will. I am also in CA.

Reply by Notary_MA on 2/14/06 10:09pm
Msg #97259

I draft Wills...

Many are led to believe that a Will is a document to stay away from. I could see from a non-attorney perspective that it is not a good idea to draft one. But from a Notaries perspective, I don't see the harm in notarizing it. As a notary, you have neither the duty, nor the authority to vouch for the truthfulness, or authenticity of the document. Your job is to acknowledge and or bear witness to the signer’s free act and deed. If you’re permitted to notarize it by California law, then make sure you use the proper notarial wording and you should be all set.

This is my opinion. I’m from MA not CA.

Reply by cfwMI on 2/15/06 9:19am
Msg #97330

Re: I draft Wills...

I don't know about MA, but I do believe in Michigan that would be UPL.

Reply by BrendaTx on 2/15/06 11:24am
Msg #97391

Re: I draft Wills...

99% sure this poster is Korey Humphreys. KH is a paralegal. Whether or not that makes it okay is not within my knowledge. However,in Texas, a paralegal has to be VERY careful about drafting anything without an attorney looking over the document.

Because I trained as a legal assistant under a very, very good attorney, and because I like the law regarding it, I am better than many attorneys at wills, probate and contested probate issues including Texas guardianship (a very complicated procedure) which I have CLE hours in from attending these classes with an attorney, I KNOW BETTER THAN THIS. Don't draft anything of legal nature!!

I cannot give out one scintilla of an opinion on how to proceed on a will, a probate case, or giving an opinion on a guardianship situation. I am nothing in the eyes of the law except a stenographer...and a notary public.

What KH or Notary_MA should admit to himself is that he is not an attorney. Attorneys have enormous law libraries and subscriptions which keep them abreast of changes to to the probate code in Texas. Maybe the MA law never changes and he's up on it all for now, however, a law subscription service and a library are very expensive to maintain and a paralegal without an attorney at his/her elbow...or a notary is NOT the person to pretend to be an attorney.

ANYONE not having access to an attorney's review is just plan stupid to undertake the responsibility of doing any kind of work for a person's entire estate...all their worldly goods, etc. esp. without the overview of an attorney. Did you get that I think you need an attorney to draft a will.

The above pertains to drafting...not to notarizing. In Texas, you can notarize a will as far as I know whether or not an attorney is involved. I am certainly open to seeing where I might have made a mistake.

The other day I did one which was prepared by a doctorate holding individual. He paid me $60 for me to come to his office, do the notarization and leave. Parking is charged on campus so I was not putting the squeeze to him finanancially. My time is worth something as well. It took two clicks of my stamp.

Notarizing a will is different than notarizing a deed. You will see a bit different verbiage.

Until Notary_MA is cleared not to be KH....steer clear of him. He's not a lawyer and he plays loose and dangerous with notary law as seen by this post. In fact, now that Notary_MA has made this ridiculous statement "I draft wills" on a notary forum....steer clear, period.

DISCLAIMER: The foregoing could have come directly from a person living in a commune in Normangee, Texas...or an acid blasted mind left over from Woodstock...the Grateful Dead, et al. Take it with a grain of salt. It is MERE OPINION.

Reply by Pamela on 2/15/06 12:10am
Msg #97267

Ed, Please Do Not Notarize!

Ed,

Please Do Not notarize this document! Probate can be very complicated!
Seek legal advice for your friend!

I do not know which area of the state you live in but, Bet Tzedek Legal Services is an excellent agency, which assists Senior Citizens! If you or your friend are not nearby, ask them for a referral!

Please contact Bet Tzedek at:

145 South Fairfax Avenue
Suite 200
Los Angeles, CA 90036
(323) 939-0506

or

12821 Victory Boulevard
North Hollywood, CA
(818) 769-0136


You can also review them on their website!



Pam

Reply by TheresaCA on 2/15/06 9:01am
Msg #97324

Please do not notarize that. I notarize wills but only if it is prepared by a lawyer and usually, lawyers send it to me directly. Call me, I'll see if can help you help your friend.

Reply by eXpedN_TX on 2/15/06 11:05am
Msg #97383

This may sound crazy, but instead of going through an attorney and a notarization, can she just give the envelope to the granddaughter now? Maybe she wants to keep them nearby, but if she knows for sure she wants to give those things away, why not give them to her while she is alive? Just a thought.

Reply by BrendaTx on 2/15/06 11:33am
Msg #97393

Re: Last wishes...holographic will?

***The envelope this hand written document is contained in says," Last will and testament". ***

In Texas, I have seen less considered a holographic will. I am not an attorney, just saying what I have seen/experienced as a legal secretary. In Texas, I don't think you need a holographic will witnessed or notarized... it notarized...but my memory could be fuzzy on that.

Reply by Ed/CA on 2/15/06 9:25pm
Msg #97517

Re: Last wishes...holographic will?

Thank you all for your quick input and suggestions, she has decided to consult here attorney...whew! Thanks again!