Posted by Marian_in_CA on 4/2/11 10:59am
Msg #378390

Government forms crack me up...

My husband is trying to wrap up some final issues with his father's estate in Texas. Right now, we're dealing with the vehicle and transferring the title... Texas has a form that we have to submit that clearly calls for a jurat ( it says Subscribed and sworn...). Of course, the form is pre-printed and assumes that the signer is *in* Texas. Of course... it's all meshed together, too.... which causes some serious issues for California notaries (we were are located).

Then, the instructions say, "If all heirs cannot appear before one notary public on the same date, separate acknowledgments may be taken and attached to the form."

So, the first person gets a jurat, and the rest get an acknowledgment? That's great.

This form is completely unusable for us in California, but when I called the TX DMV, they said we *had* to use their form.

The form is VTR-262 from the Texas DOT if you want to see what I mean. I guess for a non-notary, this form doesn't seem so weird. I'm sure CA notaries will feel the pain for sure when they look at this.

I told my husband that I want to just get rid of everything I own before I die so my family doesn't have to deal with this nonsense. We've spent about twice what the estate is worth just to get it settled.

Reply by Bob_Chicago on 4/2/11 11:33am
Msg #378391

"get rid of everything I own before I die" A friend once

told me that "If I time it right, there will be a quarter left to call the funeral home"

Reply by Stamper_WI on 4/4/11 7:30am
Msg #378473

Ted Turner

In a recent interview, Ted Turner said he plans to be broke when he die.
My brother had exactly enough in his bank account to pay for his cremation when he died. He miscalculated a little. He owed $14 to the city for trash pick up. All his bills, including medical from a 5 yr battle with cancer were otherwise paid.

Reply by HisHughness on 4/2/11 11:38am
Msg #378392

You have not even begun to plumb the depths of Texas governmental idiocy.

Last year, some idiot fired off several rounds from a long gun outside the Capitol. Nothing was hit, and no one was injured. But there was a huge outcry, and suddenly access to our beloved Capitol, tallest of all 50 state capitols and traditionally open without restriction, was severely curtailed. Understand, now, the offending rounds were fired <outside> the Capitol.

The idiocy doesn't stop there. To catch anyone trying to carry a gun into the Capitol, metal detectors were installed. However, that slowed down access by legislators and others with business inside. So an unmetal-detectored entrance was established. Follow this real closely now: If you are toting a handgun, and have a permit to carry a concealed weapon, you don't have to go through the metal detectors installed to keep weapons out of the Capitol. You can waltz right in through the entrance established to <permit> weapons in the Capitol.

Your little DMV form is w-a-a-a-y down the list of Texas governmental insanity.

I will leave it at that, and not comment on who has been in total control of Texas government for more than a decade.

Reply by James Dawson on 4/2/11 11:52am
Msg #378393

Now I know why there are soooo many vehicles sitting in people's driveways, on their property or in a field just rusting away. I just read the form and still don't know what to do.

Reply by sealed/CA on 4/2/11 1:55pm
Msg #378396

I just love how they print in big bold letters "Notary Seal" clearly now leaving no place to stamp the seal.
I would add a loose leaf jurat to this form.

Reply by sealed/CA on 4/2/11 2:23pm
Msg #378397

Federal forms sometimes just have a place for the notary to sign and place their seal. No notarial wording at all. I was asked to notarized one of these for a client once and they could not believe that I needed to add a loose leaf to it. The only way that I could assure them that I was correct and that it would be ok, was to call XYZ and had someone there state for them that no notary in any state could use that form. They felt better.
Just recently, I had the priveledge of swearing in a new military recruit and of course, the oath form had a jurat without proper CA wording. The sergeant that accompanied him insisted that I sign and stamp that form or it would be rejected. He told me that all the notaries on the base use that form. Well I don't know if the military notaries that are working on the bases can use it or not, I just know that I can't. I told him that if it was not accepted, to please let me know. I never heard back. Called SOS, they cannot interpret notary law. Yikes!

Reply by A S Johnson on 4/2/11 2:25pm
Msg #378398

2 suggestions to solve this.
The wording others who need to sign this doc can have a loose acknowledgments attached, means that it should be a "sowrn statement" same as the one on the form.
Another form which can be used is a "Affidavit of Heirship" which will give you the power to dispose of personal property (a car is personal property) without probate.
There are shortcuts to probate, BUT PLEASE understand the best way is to use probate to clear everything up correctly.
By the way, in what county did your mother live, have a property and where was it homesteaded? Probate differs as to wheather a county is metro, urban, rural.
My mother passed about 2 yrs ago and was homesteaded in Dallas County, part of the Dallas/Ft Worth metroplex. Dallas County discourges anuone other than an attorney filling probate, min of about $4500. I live in Parker County, which is considered urban/rural and can file probate for about $1500 in fees without and attorney.

Reply by Marian_in_CA on 4/2/11 3:32pm
Msg #378401

Check your PM

Reply by sealed/CA on 4/2/11 2:38pm
Msg #378399

Ok. Just one more.

I'm wondering how many CA notaries out there have noticed the oath form sent from our own SOS. I had a new notary come to me to take the oath and of course the jurat on the form had old wording. I told the new notary that I thought this might be a test by the SOS to see which notaries are complying with the law. No, I don't really think so, it's just like the mtg. docs we receive, they just haven't updated the forms.
Some may not have noticed, as most of us are taking our oath at the county clerks office.

Reply by Jack/AL on 4/2/11 4:29pm
Msg #378406

Re: Ok. Just one more.

There's at least one county in Alabama where the security station is unmanned (and unwomaned) during lunch. Experienced visitors know to walk casually around the metal detector, just in case someone forgot to turn it off. It's a big annoyance when some inexperienced visitor prances through and sets off that pesky beeper, especially when they're so conscientious that they back up and try again, and again, etc.........