Posted by Karla/OR on 1/21/13 5:58pm
Msg #451426

Need Witness clarification for Oregon will

I searched the Orange button after reading about "Credible Witness"in our Oregon Notary Public Guide. Didn't find anything under the Search button that I thought was helpful to me. I am seeking your help.

The Oregon Guide states:

"Credible Witness: the notary personally knows someone who swears that he or she personally knows the signer. In order to use the credible witness as identification:

The notary must personally know the witness.
The witness must personally know the signer."

I have a GNW will signing tomorrow for a doctor and his wife at the hospital. They are going to use a couple of people they work with to witness the will signing.

Based on what the guide says, I can't do this! I do not personally know the witnesses!!

Am I reading this right?? Our SOS office is closed at this point. I know many of you have stated you do not touch wills and I respect that.

Thanks a million!

Reply by Treasure Valley Notary - Tina on 1/21/13 6:11pm
Msg #451429

Karla you have read it right. I am dual commissioned in Oregon and Idaho. Since I live in Idaho and only work in Oregon, my circle of friends over the boarder is very limited. The chances of me personally knowing one of my friends who also knows a signer is extremely unlikely. So I don't work with Credible Witnesses in Oregon. Even here in Idaho, if it was the same guidelines, it would be challenging. And here I know tons of people. The state of Oregon has basically tied our hands.

With that being said, are you really looking for a Credible Witness or just a witness? A credible witness is used IF the borrower can't provide ID. I'm assuming that the doctor and his wife are providing ID, but need a witness for their will. Here in Idaho I do GNW (rarely in Oregon due to the travel) and I occasionally notarize wills. But they don't ask for a Credible Witness, just a witness.
Someone who is attesting that they saw the signer sign the document by their own free will.

That is my understanding. Hope it helps.

Reply by Karla/OR on 1/21/13 6:25pm
Msg #451434

It certainly does help (now and future signings)! Thank you for the distinction between 'witness' and 'credible witness'!!! I had thought a witness is a witness, is a witness, is a witness, etc., no matter what word you stuck in front of it!

The signers of the will (doctor and his wife) have I.D.'s. so the 'witness' scenario will cover it.

Thank you so much for responding so quickly and flattening me out!

Reply by Linda_H/FL on 1/21/13 6:28pm
Msg #451435

Karla...one other thing....

Well - 2 really..

Are you notarizing the witnesses' signatures too? If so, make sure THEY have valid ID too AND you've priced yourself accordingly...

My .02 FWIW

Reply by Karla/OR on 1/21/13 6:34pm
Msg #451439

Yes, Linda, have the fee covered for witnesses. Thanks! n/m

Reply by Treasure Valley Notary - Tina on 1/21/13 6:28pm
Msg #451436

Karla, be sure to write the witness info in your journal. That way you have proof that you verified their ID's too. Good luck with it.

Reply by Karla/OR on 1/21/13 6:35pm
Msg #451440

Tina, will do. Thank you again! n/m

Reply by sigtogo/OR on 1/21/13 6:19pm
Msg #451431

I don't think you need "credible" witness, just witnesses to

the will and you don't need to know them. as long as your signers have ID, you are good to go.

Reply by Karla/OR on 1/21/13 6:36pm
Msg #451442

Re: I don't think you need "credible" witness, just witnesses to

Hi Donna~ thanks for backing up what Tina said. I feel more confident towards the signing now.

Thanks!

Reply by Malbrough_LA on 1/21/13 6:31pm
Msg #451438

I'm understanding the guide/statute the same way you are; however, it sounds like the previous posters are correct regarding the ID presentation. Otherwise, for every will you would have to know the constituent and he/she would have to know the witness. If that's the case it's incredibly restricting. Of course, you could always just bring Kevin Bacon along to every will signing. He has 6 degrees of separation with everyone that's ever lived!

Reply by Karla/OR on 1/21/13 6:38pm
Msg #451443

LOL Ryan! BTW, love your profile! Thanks! n/m

Reply by Malbrough_LA on 1/21/13 6:46pm
Msg #451446

Thanks! Not 100% happy w/ profile, but I'm picky! n/m

Reply by MikeC/TX on 1/21/13 7:29pm
Msg #451452

You're confusing "Credible Witnesses" with plain old ordinary witnesses to a document signing.

Credible Witnesses are used (when allowed by law) if the signer doesn't have ID. This is usually not an issue with people witnessing a will.

If you are required to notarize the witness signatures (as you would be with a Self-Proving Affidavit), you will have to ID them, but in neither case do you have to know them.

Reply by Karla/OR on 1/22/13 1:23am
Msg #451487

Thanks Mike for backing up what others are posting. i now have a much clearer understanding between credible witness and witness.

Thank you Not/Rot and its posters!!!!!