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where to get a will notarized
- Thread starter martybolt
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continue to make yourself look like a jerk.
california notary
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California, County of Los Angeles) ss.
On_____________________, ________, before me, _______________________________________________,
a notary public, personally appeared ______________________________________¬¬¬_______________,
proved on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument, he executed the instrument.
WITNESS my HAND and official SEAL.
notice the part about he executed the same in his authorized capacity.
yes, it is the job of the notary to make sure that the person seems of sound mind.
no, that does not mean the notary needs to give the signer a competency test. but it does mean that the notary sees no signs of being coerced, unable to understand, etc.
so yes, it is better to have documents NOTARIZED. so i will throw your words right back at you and tell you to keep off the crap that it isnt better.
what a dumb statement about the doctor. never did i say or imply that a notary was more important than a doctor's diagnosis.
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California, County of Los Angeles) ss.
On_____________________, ________, before me, _______________________________________________,
a notary public, personally appeared ______________________________________¬¬¬_______________,
proved on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument, he executed the instrument.
WITNESS my HAND and official SEAL.
notice the part about he executed the same in his authorized capacity.
yes, it is the job of the notary to make sure that the person seems of sound mind.
no, that does not mean the notary needs to give the signer a competency test. but it does mean that the notary sees no signs of being coerced, unable to understand, etc.
so yes, it is better to have documents NOTARIZED. so i will throw your words right back at you and tell you to keep off the crap that it isnt better.
what a dumb statement about the doctor. never did i say or imply that a notary was more important than a doctor's diagnosis.
dear op,
following is a web site for notaries in california.
Notary Public - California Secretary of State
realtors have real estate licenses regulated by the state. notaries have licenses regulated by the state. zigner was trying to mislead you when stating that notaries are not employees of the state. sure, notaries are employees of banks, and other businesses. their notary license is regulated by the state. and their job is regulated by the state. so in essence, they are regulated by the state.
have your documents notarized, when possible. it never hurts, and it may help. again, a notary performs the legal function of deciding whether the signer is capable of signing. a witness has no legal function in that way. so based upon the reading of the thread, ask yourself what sort of signature do you want on a document such as a will, where there could very easily be squabbles.
lawyers dont want notarized documents, because they are harder to overcome. it presents one less avenue for them to proceed.
i have to laugh at the proceedings. zigner, along with his 20,000 posts digs himself into a hole, thinking he can intimidate little old trust user. then cbg, with his/her 20,000 posts just happens to come along and post something about notarization that is true, but completely irrelevant to the discussion, since i never implied that a notary is responsible for the contents of the document. then zigner comes along and tells cbg a good job. i am sure there was no conversation between the 2 long-term posters beforehand. it was all just one big coincidence. LOL.
then zigner lies about what i said, since i did not say anything about the validity of the document contents.
if this was any more laughable, we would need to start a comedy show. note to trustuser and other readers - do not hire zigner as your attorney as he does not lie well, and he does not seem to be able to interpret english much better.
following is a web site for notaries in california.
Notary Public - California Secretary of State
realtors have real estate licenses regulated by the state. notaries have licenses regulated by the state. zigner was trying to mislead you when stating that notaries are not employees of the state. sure, notaries are employees of banks, and other businesses. their notary license is regulated by the state. and their job is regulated by the state. so in essence, they are regulated by the state.
have your documents notarized, when possible. it never hurts, and it may help. again, a notary performs the legal function of deciding whether the signer is capable of signing. a witness has no legal function in that way. so based upon the reading of the thread, ask yourself what sort of signature do you want on a document such as a will, where there could very easily be squabbles.
lawyers dont want notarized documents, because they are harder to overcome. it presents one less avenue for them to proceed.
i have to laugh at the proceedings. zigner, along with his 20,000 posts digs himself into a hole, thinking he can intimidate little old trust user. then cbg, with his/her 20,000 posts just happens to come along and post something about notarization that is true, but completely irrelevant to the discussion, since i never implied that a notary is responsible for the contents of the document. then zigner comes along and tells cbg a good job. i am sure there was no conversation between the 2 long-term posters beforehand. it was all just one big coincidence. LOL.
then zigner lies about what i said, since i did not say anything about the validity of the document contents.
if this was any more laughable, we would need to start a comedy show. note to trustuser and other readers - do not hire zigner as your attorney as he does not lie well, and he does not seem to be able to interpret english much better.
I pulled any dog I had in this fight out a long time ago and sat back to watch the fireworks.
I actually think that it's a good thing to get the whole shebang notarized to make the will self-proving and save the executor the pain of obtaining affidavits from the witnesses after the fact (in those states that require such).
But, trustuser, I have trouble wrapping my unsound mind around the proposition that:
"in his authorized capacity" = "of sound mind"
Notary: "Are you authorized to make a will?"
Testator: "Huh?
Notary: "Are you authorized to make a will?"
Testator: "Uhh.... Yeah."
Notary: "Cool."
Stamp... scribble...scribble.
Testator: "Now, can you get these bloody Martians out of my house..."
I actually think that it's a good thing to get the whole shebang notarized to make the will self-proving and save the executor the pain of obtaining affidavits from the witnesses after the fact (in those states that require such).
But, trustuser, I have trouble wrapping my unsound mind around the proposition that:
"in his authorized capacity" = "of sound mind"
Notary: "Are you authorized to make a will?"
Testator: "Huh?
Notary: "Are you authorized to make a will?"
Testator: "Uhh.... Yeah."
Notary: "Cool."
Stamp... scribble...scribble.
Testator: "Now, can you get these bloody Martians out of my house..."
>Charlotte<
Lurker
OldandTired
Member
Will someone PLEASE close this thread??
This is now beyond stupid.
This is now beyond stupid.
cbg
I'm a Northern Girl
Note to all readers:
Trustuser is an idiot who does not have the faintest clue what he is talking about and is too stubborn to admit when he is wrong even when the proof of his error is waved in his face. Pay no attention to him because if his posts in other threads are are inaccurate as his posts in this one, you could get in serious legal trouble by following his advice. At least in this one he's not going to do anyone any harm, even if he isn't doing any good.
Trustuser is an idiot who does not have the faintest clue what he is talking about and is too stubborn to admit when he is wrong even when the proof of his error is waved in his face. Pay no attention to him because if his posts in other threads are are inaccurate as his posts in this one, you could get in serious legal trouble by following his advice. At least in this one he's not going to do anyone any harm, even if he isn't doing any good.
dear op,
in order to become a notary, or licensed agent of the state, one must study a lot in order to pass the test, and then keep updated.
in california, on certain documents (including real estate deeds), the notary is required to get the right thumb print of the testator, as well. dont believe the double dose of balderdash being given to you by zigner and his cronies.
a notarized signature carries weight that a witnessed signature does not.
most banks and credit unions offer notary service. might i suggest you speak to the notary at your local banking institution, and have them explain to you how a notarized signature differs from a witnessed one.
and ask the notary point blank what his/her responsibility is towards ascertaining the testator's soundness of mind, or his capability to understand what he is doing.
in order to become a notary, or licensed agent of the state, one must study a lot in order to pass the test, and then keep updated.
in california, on certain documents (including real estate deeds), the notary is required to get the right thumb print of the testator, as well. dont believe the double dose of balderdash being given to you by zigner and his cronies.
a notarized signature carries weight that a witnessed signature does not.
most banks and credit unions offer notary service. might i suggest you speak to the notary at your local banking institution, and have them explain to you how a notarized signature differs from a witnessed one.
and ask the notary point blank what his/her responsibility is towards ascertaining the testator's soundness of mind, or his capability to understand what he is doing.
OldandTired
Member
NONE. ABSOLUTELY NONE! Do you get it NOW dumba$$? Persons that provide notary services are not psychologists. They have no way to determine the soundness of a persons mind. What part of this do you not understand?
If you were a salesman at a car dealership, and someone came on here and said that you, as the salesman, had to determine the soundness of the mind of the crackhead that would be willing to pay $60,000 for an automobile, would you tell them that you are not a psychiatrist / psychologist and it's not in your job description? You bet you would!!
The same applies to a notary!!!! Got that?? Now stop it stupid. You are wrong and that is not going to change. You're an idiot.
the following url shows someone who is a Certified as a Specialist in Probate and Estate Planning (Wills, Trusts) Law by the California State Bar Board of Legal Specialization.
in it she says that she STRONGLY ENCOURAGES a power of attorney for FINANCES to be NOTARIZED.
i suppose this must be because a notarized signature carries no more weight than a witnessed one. LOL.
Power of attorney - notarized or witnessed? - Power Of Attorney - Avvo.com
in it she says that she STRONGLY ENCOURAGES a power of attorney for FINANCES to be NOTARIZED.
i suppose this must be because a notarized signature carries no more weight than a witnessed one. LOL.
Power of attorney - notarized or witnessed? - Power Of Attorney - Avvo.com
hey stupid idiot,
there are things that a notary is supposed to ascertain. if someone for example, has parkinsons disease, and is unable to let the notary know that he has an understanding of what he is doing, the notary is not supposed to notarize that signature.
this is not true about 2 witnesses.
there are many other examples whereby a notary would be expected to know not to notarize that document.
now do you get it, dumba$$ ? or are you still a bumbling idiot ?
a notarized signature carries weight that a witnessed one does not. this is why we go thru all sorts of lengths to have a notary system, in the first place.
so, if i had wanted to get my parent to sign a will leaving everything to me, i could have coerced a couple of witnesses to go along. but i would have had to have a notary break the law and risk dire consequences with his/her job, not to mention whatever disciplinary actions that they might receive.
in other words, it would have been much harder for me to obtain a notarized document than a witnessed one - which is one reason why a notarized document carries more weight.
there are legal rules that a notary is expected to follow, and ramification to the notary if he does not do so.
several times i heard the same thing from a notary - "i am sorry, but i can not in good conscience notarize your parent's signature".
i understood, and actually think it is a good idea. my parent, while able to understand, could no longer effectively speak, such that only family members would be able to ascertain his capacity to understand, and only after a substantial amount of effort.
in other words, it would have been much harder for me to obtain a notarized document than a witnessed one - which is one reason why a notarized document carries more weight.
there are legal rules that a notary is expected to follow, and ramification to the notary if he does not do so.
several times i heard the same thing from a notary - "i am sorry, but i can not in good conscience notarize your parent's signature".
i understood, and actually think it is a good idea. my parent, while able to understand, could no longer effectively speak, such that only family members would be able to ascertain his capacity to understand, and only after a substantial amount of effort.
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