A question for notary publics a - Page 5

TaxyLady · ‎05-26-2011

The Notary only witnesses the signature of the person signing. They may ask for your husband's ID. They don't care what the person is signing. If there is any dispute it is up to a court of law to decide. I am sure your attorney has a notary in his office that you can use and understands the situation. I would proceed as soon as possible.

10000Nicknames · ‎11-30-2013

I have been a paralegal for 31 years (since I was 3 - haha) and a notary for all 31 years as well. Please understand that the laws vary from state to state as to competency and the ability to sign certain documents. An estate planning lawyer in your state should be able to advise you on whether or not he's in the proper state of mind to execute such a powerful document so that it will, in fact, be valid. As for the notary, they might be notarizing the signature of the signor of the document, or they just might be notarizing the signature of the witness -- again, it varies from state to state. Please be sure the attorney is aware of his state of mind so he or she can advise you properly. And prayers to you and your family.

GingerPeach · ‎03-12-2010

@TaxyLady wrote:
The Notary only witnesses the signature of the person signing. They may ask for your husband's ID. They don't care what the person is signing. If there is any dispute it is up to a court of law to decide. I am sure your attorney has a notary in his office that you can use and understands the situation. I would proceed as soon as possible.

Please read @Lipstickdiva 's post.

Your comment is incomplete as to the duties of a notary. It depends on the document. It is not ALWAYS just acknowledging someone's signature.

[was Homegirl] Love to be home . . . thus the screen name. Joined 2003.

Lipstickdiva · ‎03-10-2010

@10000Nicknames wrote:
I have been a paralegal for 31 years (since I was 3 - haha) and a notary for all 31 years as well. Please understand that the laws vary from state to state as to competency and the ability to sign certain documents. An estate planning lawyer in your state should be able to advise you on whether or not he's in the proper state of mind to execute such a powerful document so that it will, in fact, be valid. As for the notary, they might be notarizing the signature of the signor of the document, or they just might be notarizing the signature of the witness -- again, it varies from state to state. Please be sure the attorney is aware of his state of mind so he or she can advise you properly. And prayers to you and your family.

Here in Ohio, a notary is NEVER notarizing the signature of a witness. In fact here, if a document has to be witnessed, the notary can be one of the witnesses or the only witness if only one is required.