Posted by Wesley Wittman on 11/14/13 2:20pm
Msg #492732

Strange question

I was contacted by a woman who lost her husband to notarize a document for her. Her husband owned the home, and when he died she had legal standing to stay in the home as long as she wanted (according to her lawyer). She is not on the title, but wants to give up her right to live there so the children can sell the home. Does she need to have anything notarized at all since she is not on the title? She insists on having something in writing for the kids and the lawyer. What advice could I give?

Reply by John Tennant on 11/14/13 2:24pm
Msg #492734

As a notary you do not give advice unless you are also a lawyer. JMHO

Reply by Teresa/FL on 11/14/13 2:25pm
Msg #492735

Unless you are an attorney, you cannot give legal advice

Refer her to an attorney

Reply by Wesley Wittman on 11/14/13 2:30pm
Msg #492737

Re: Unless you are an attorney, you cannot give legal advice

I did refer her to an attorney, but has anybody come across this situation or seen this before?

Reply by apsnltch on 11/14/13 2:41pm
Msg #492746

Re: Unless you are an attorney, you cannot give legal advice

No you cannot give legal advice.....And I do not recommend that you even get involved in the legalities of this....However, If someone comes to you with a letter that they are wishing to sign and state their wishes in and it is to relinquish something or state something to another party....all you are doing is notarizing that she is in fact the one that signed the letter. It is a letter stating her wishes and if she feels that it is more professional or official notarized so be it.

I am a Towsnhip Clerk and take care of a cemetery. sometimes when people want to give a cemetery plot to another relative for future use....I request that it be in writing and it be notarized.....just in case down the road somebody disputes. My 2 cents

Reply by Wesley Wittman on 11/14/13 2:45pm
Msg #492747

Re: Unless you are an attorney, you cannot give legal advice

Thank you apsnltch

Reply by sueharke on 11/15/13 1:03am
Msg #492853

Re: Unless you are an attorney, you cannot give legal advice

Yes, and I told my friend to get her and her husband to a senior trust attorney and setup an appropriate trust.

Reply by Stephanie Santiago on 11/14/13 3:16pm
Msg #492763

Contact an attorney at law n/m

Reply by HSH/WA on 11/14/13 3:34pm
Msg #492774

Re: Notarize away, but no advice. n/m

Reply by Chakwaina on 11/15/13 1:34pm
Msg #492927

Tell her to call an attorney.

Reply by Linda_H/FL on 11/15/13 1:44pm
Msg #492929

" when he died she had legal standing to stay in the home as long as she wanted (according to her lawyer). "

I agree - no advice- I'd refer her right back to the lawyer she claims told her this - let him tell her.