If there are places for the signature and 2 witnesses then the notary is validating that there were 2 witnesses signing the paper as well as the person presenting the paper to be notarized. I have had papers that need just my signature and no witness and I have had some where witnesses were needed.
Good point, Grandma. The notary just confirms that the person signing is the person who signed the document. I did not know that the notary also determines that the document has been signed by the correct nunber of people, but this sounds reasonable.
A notary will not sign as a witness, they validate that the paper has been signed by the correct number of people. Some papers need more than one witness, some just need to be notarized that you have signed the paper and no additional witnesses are necessary.
I like that term better than any other. My hubby had and aunt who had 3 of these....one showed up at her funeral...this is a woman born in 1927. She was....interesting.
Midkid, "Wild corn babies"? Really really needed that laugh this morning! I could have read it, laughed, and just moved on, but you are so funny-your comment needed to be acknowledged with a thank you, and a hug! {{{{{{Hugs!}}}}} and a good day to you!
My son is an attorney and he said there was no problem with on line wills--but you should have it looked over, upon completion, but an attorney, just to be safe. In our case (one marriage, equal distribution of any remaining funds to 5 kids, no divorces or "wild corn" babies"...it's all very simple. In the case of multiple marriages, family who've already received their inheritance, owning your own business or properties besides the family home, etc., you would be better off with a lawyer doing the whole thing.
Dennis -- The answers above are comprehensive. The writers picked up on what I missed; that you said, "I am preparing my online will." Listen to everyone who questioned the advisability of preparing a will online. I recently started to do that, and decided to consult a lawyer who specializes in wills. Even though mine is a simple will, I'm glad I did.
The on-line legal groups where the groups have you answer questions for a simple Will and POA is better than finding a blank Will/POA and filling it out.
If an estate is more than just basic, then sitting face to face with an Attorney, especially an Elder Law Attorney, who can ask questions about the future of one's needs, medical issues, if Medicaid might be in the future, etc. And if a Trust is needed to help lessen the estate taxes. Plus a face-to-face Attorney can tell if the client can understand the legal documents or has memory issues that would disqualify the client from signing said documents.
I did my dad's stuff online through LegalZoom and went to the local UPS store to have the documents notarized which included a DPOA. I've had no problems having them acknowledged to execute anything on his behalf either.
Copy Stores, Paralegals and Process Serving Companies, Advertised mobile notarys, Real Estate Offices, maybe accountants, Etc.
"Online webcam notaries are not recognized in the State of California, and are illegal". Hope this info is helpful, I have my tech hubby to thank who looked it up for me. He rarely talks to me but this interested him, lol!
The laws vary from state to state on Wills. For instance, here in Maine if it is a simple estate - you really don't own property of any value or have a complicated financial situation - you can buy a form at the Probate Court office for $1, fill it out & have it Notarized. You can list personal items on the form and who you want them to go to. If you are passing on property (i.e., vehicles, real estate, valuable collections like antiques) or you want to set up trusts or write someone out of your Will, it would be best to consult with an attorney. If you check with your local area agency on aging, they might be able to find you low-cost legal assistance.
Notaries are at Banks, attorney's offices, Town Offices, department of motor vehicles... The state office of Notaries have lists of all the notaries in the state and their contact information.
There are people who have uncomplicated wills that can use the online forms. It is better than passing without a will at all. If someone has modest assets, a lawyer can look expensive. Do they pay a lawyer or pay their utility bills? I understand the choice to use an online will form if an estate is simple.
Notaries are easy to find. As mentioned, banks will have at least one. You can also check on the computer or in the phone book for notaries who charge a bit for their services. You might be surprised to find that a neighbor is a notary. There are many out there who hold a license.
Dennis, do you have legal background or are you an attorney? Do you read case law updates?
If not, you're gambling that you could be creating a document that doesn't address not only what you consider your needs, but issues of which you may be completely unaware.
Legal documents as important as wills should be created by attorneys who are current on ALL laws that affect inheritance and bequests. Even an intelligent non-attorney isn't going to be able to interpret the effect of some of these laws.
I am not a fan of preparing a Will on-line... all it takes is one wrong word or one misplaced word to create a landmine.
Banks usually have a Notary, and the Notary will advise how many witnesses are needed for your State. You can bring the witnesses with you but the witness cannot be anyone who is named in the Will.
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The notary just confirms that the person signing is the person who signed the document.
I did not know that the notary also determines that the document has been signed by the correct nunber of people, but this sounds reasonable.
Some papers need more than one witness, some just need to be notarized that you have signed the paper and no additional witnesses are necessary.
"Wild corn babies"?
Really really needed that laugh this morning! I could have read it, laughed, and just moved on, but you are so funny-your comment needed to be acknowledged with a thank you, and a hug! {{{{{{Hugs!}}}}} and a good day to you!
..Wild, so wild of you!
In our case (one marriage, equal distribution of any remaining funds to 5 kids, no divorces or "wild corn" babies"...it's all very simple. In the case of multiple marriages, family who've already received their inheritance, owning your own business or properties besides the family home, etc., you would be better off with a lawyer doing the whole thing.
If an estate is more than just basic, then sitting face to face with an Attorney, especially an Elder Law Attorney, who can ask questions about the future of one's needs, medical issues, if Medicaid might be in the future, etc. And if a Trust is needed to help lessen the estate taxes. Plus a face-to-face Attorney can tell if the client can understand the legal documents or has memory issues that would disqualify the client from signing said documents.
"Online webcam notaries are not recognized in the State of California, and are illegal". Hope this info is helpful, I have my tech hubby to thank who looked it up for me. He rarely talks to me but this interested him, lol!
Notaries are at Banks, attorney's offices, Town Offices, department of motor vehicles... The state office of Notaries have lists of all the notaries in the state and their contact information.
Good luck.
Notaries are easy to find. As mentioned, banks will have at least one. You can also check on the computer or in the phone book for notaries who charge a bit for their services. You might be surprised to find that a neighbor is a notary. There are many out there who hold a license.
If not, you're gambling that you could be creating a document that doesn't address not only what you consider your needs, but issues of which you may be completely unaware.
Legal documents as important as wills should be created by attorneys who are current on ALL laws that affect inheritance and bequests. Even an intelligent non-attorney isn't going to be able to interpret the effect of some of these laws.
Banks usually have a Notary, and the Notary will advise how many witnesses are needed for your State. You can bring the witnesses with you but the witness cannot be anyone who is named in the Will.