My question has to do with an error made by a notary on a document that revokes a beneficiary on a savings account. The notary put the wrong name in the area in which she acknowledged that the person appeared before her and executed the document. The notary signed the document and put her seal on it. I think that this error invalidates the removal of the beneficiary.
The fact pattern as presented is a bit ambiguous. If the "correct person" executed the document, but the notary "reflected the incorrect name" in the acknowledgement section, the document can be deemed defective for failing to be properly non self-authenticate, to wit, a defect notarization. To err on the side of caution, I would have new document drafted, executed and notarized correctly so as to avoid any potential for contestation and or denial of validity of the document due to the defective notary. Good luck to you.
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if your issue was with an error by the notary, it seems to me that you would need an affidavit from the Notary admitting the error, and thus invalidating the document, although I decline to offer specific advice, as I have no idea what the underlying facts are.
I suggest you sit down with an estates and trusts attorney to discuss the options vis-a-vis the beneficiary.
This does not constitute legal advice or the engagement of my services as an attorney.
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