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How do I get my fathers will notarized?

Jacksonville, FL |

My father signed his will and have witnesses signatures it's also dated but it's not notarized. He is now in the hospital an is unable to communicate I don't want anything to go wrong if he dies he's a great man an I want to make sure his voice is heard can anybody tell me how can I go about getting his will notarized for him?

Attorney Answers 4

Posted

I'm so sorry to hear about your father's condition! As mentioned, FL law does not specifically demand that a testator's signature be notarized. The only time that the witnesses would have to be located and deposed is if there is a challenge to the will's validity. If that is a concern, and your father is lucid and competent (is he conscious?) you can hire a mobile notary to come to the hospital and watch him sign the will again in the presence of two witnesses. Then, the potential challenge becomes his capacity to sign. If the original witnesses are still available, get them to both sign and have notarized an affidavit to the effect that they witnessed your father's signature, and the signature of the other witness, at the time the will was executed. My best wishes for his swift recovery!

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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Posted

Thank you Carol Anne Johnson!

Carol Anne Johnson

Carol Anne Johnson

Posted

You are very welcome!

Posted

A Will does not need to be notarized to be valid. A Self Proving Affidavit attached to the Will would allow the Will to be admitted without finding the witnesses to the Will. However you can admit a Will without the Self Proving Affidavit, it just requires some additional steps. If your father does not have capacity at this time, you will not be able to do anything to correct or change the document.

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I appreciate your opinion on my situation thank you.

Posted

Unless the notary was present at the time your dad signed his Will, the will cannot notarized. I am not familiar with Florida law, but suspect it is similar to Minnesota law where a will is considered valid if the person making the will signed it in the presence of two witnesses and the witnesses also signed the will. A notary is not required although it is routinely done here. If your father is still mentally competent, it is possible that he could resign it in the presence of a notary and two witnesses.

I would suggest you contact an Floridan estate planning attorney for advice on this matter.

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Thank you.

Posted

I am sorry your father's health is failing.
Without reading the Will it is difficult to say anything with regards to its validity. As other have stated, a notary is not a requirement although most often used. Florida law allows for a Will to be republished/re-executed. If your father is mentally and physically able to do so, you could have the Will re-executed. Before jumping through unnecessary hoops, contact an estate attorney to have the Will reviewed. If something needs to be done to ensure your father's wishes are followed, the attorney will be able to advise you.

Answer does not constitute legal advice. Please call (727) 471-0039 or contact me at arauman@protectyourfuture.com, if you would like to discuss your Florida legal matter further. This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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