Posted by Michelle/AL on 2/9/07 9:03pm
Msg #175002

Letters of Intent

Earlier this week I was asked to notarize two Letters of Intent for a customer. I got the impression that customer drew up these typed documents in lieu of making a formal Will. Before notarizing the forms I suggested that she contact a lawyer to find out if these documents would be considered legal documents. She told me she had done so already. There was nothing official looking about these one-page letters. Here's my question. Have any of you been asked notarize LOI's? When I Googled the subject I saw nothing about these forms being used in the place of a Will. I also used NotRot's orange button and didn't get any hits either. I'd like to know if this is something I should expect to see more of in the future. Thank you.

Reply by TitleGalCA on 2/9/07 9:58pm
Msg #175018

Michelle, you aren't an attorney. If someone presents a document (whether or not they drew them up themselves) with an acknowledgement to you as a notary, it's not your place to suggest it's either in place of a will or anything of the sort; or to second guess the document at all. You're only to ID the person and comply with the request, if you can according to the CA notary guidelines.

You never know what to expect, all you can do is comply with the rules of the SOS.

Reply by Michelle/AL on 2/9/07 10:03pm
Msg #175024

I don't disagree with you, TitleGal

I just wasn't familiar with that sort of document and was wondering how common it was. I like to list types of commonly notarized forms on my website and was wondering if this is one I should add. Thanks for responding though.

Reply by TitleGalCA on 2/9/07 10:05pm
Msg #175026

We sure get lots of documents as a notary

There's been lots of times I had to refer to the 'book' when I had an office open to the public. Makes you be extra careful about what you can and can't do.

BTW, a "letter of intent" is somewhat common in real estate transactions. to list it on your website though? It's a rarity.

Good luck with your site.

Reply by Charles_Ca on 2/10/07 2:01pm
Msg #175120

Right as usual, Letters of Intent start many commercial

transacions in real estate. Holographic wills however are whatever they are and while the person may not have known what to call it the statement may be perfetly legal; it may not keep it out of probate but it certainly can show intent and maybe that is what the testator wanted. I've seem some really screwy holographic wills stand up against all comers.