Posted by Doris Delaney Research Information on 3/7/08 3:27pm
Msg #238409

Wills notarized

Help?

Case brought to me: a notary downloaded a will for a sick patient and inherited a house and money from the patient when she died.

1. Can an heir who is named in a will notarize the will?

2. Can the notary allow a sick person to sign anywhere on the will?

3. Can the notary claim to be related to the patient when they are not related by blood or marriage?

Reply by Sylvia_FL on 3/7/08 3:32pm
Msg #238411

"1. Can an heir who is named in a will notarize the will?"

That's a no-brainer. A notary cannot notarize anything they have a vested interest in.

"2. Can the notary allow a sick person to sign anywhere on the will"

Notaries do not allow anyone to sign documents. It isn't their jurisdiction whether someone can sign something or not. BUT to notarize, then they need to ascertain that the person is competent and understands what they are signing or have signed.

"3. Can the notary claim to be related to the patient when they are not related by blood or marriage?"

Well, logically a person can claim to be anyone they want to be. I can claim I am related to the Royal Family, it doesn't make it true.

Reply by Philip Johnson on 3/7/08 4:13pm
Msg #238415

You're a Windsor? Wow!! n/m

Reply by Sylvia_FL on 3/7/08 4:19pm
Msg #238417

Re: You're a Windsor? Wow!!

Of course. Just make sure to curtsey if we ever meet

Reply by Philip Johnson on 3/7/08 6:29pm
Msg #238442

Here's to Britannia, long may her flag fly. As for

curtseying, I'll take a pass.

Reply by Sharon Taylor on 3/7/08 8:52pm
Msg #238454

Sylvia said it well, and I would add

that by the notary downloading and providing a legal document, that MAY be construed as UPL (Unlicensed Practice of Law).
AND if the Will refers to the notary as a relative (i.e, "...and I leave my house and all contents to my second cousin twice removed, so-and-so...", that too may be a productive field of inquiry for an attorney to pursue. It might be construed as proof that the notary unduly influence the sick patient by claiming a familial relationship that does not exist.
Since I am not an attorney and never give legal advice, the best non-legal advice I can offer is that if I were related to the sick patient and this occurred, I would be seeking the assistance of an experienced estate attorney immediately before the notary could dispose of any of the assets and flee. It is much much more difficult to undue damage after it has been done than to prevent it - such things as the notary transferring the property to her name and selling it, removing and selling household contents, cleaning out any bank accounts, selling any stocks, etc. A good estate attorney is essential in these types of cases, IMHO.

Reply by GA/Atty on 3/7/08 9:53pm
Msg #238467

Case brought to you?

The situation sounds like a case someone might bring to a lawyer, and the answers to your questions would depend 100% on state law.

Reply by Sharon Taylor on 3/7/08 11:05pm
Msg #238473

Exactly my point - a situation that requires an attorney!

The law varies from state to state, and only an experienced attorney well versed in his/her particular state's laws could or should advise. Again, if it were me, I would go to an attorney who specializes in wills and estate work, one that is respected by his/her fellow attorneys. The local Bar Association is a good place to seek the names of such attorneys in the area.

Reply by ZeeCA on 3/7/08 11:08pm
Msg #238474

she is taking a test...... n/m

Reply by Linda_H/FL on 3/8/08 10:33am
Msg #238494

Yep yep...that was my first thought, too n/m