Legal Question in Wills and Trusts in Florida

RE: Notary Public service

Can a Notary Public take dictation and then notarize the same document after the client reads and signs it?

Thank you.


Asked on 3/07/10, 7:40 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

The notary is authenticating the client's signature, not the information in the document. Therefore, as long as the notary has proof of identification or otherwise states that they personally know the client, they can notarize the signature. I don't think the fact that the notary took dictation would have any bearing on whether they could notarize the document.

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Answered on 3/12/10, 7:56 am
Lesly Longa Longa Law P.A.

A notary can authenticate a signature either on the basis of personal knowledge or proof of identification. If you want to have the notary act as a typist as well, it will have no bearing on the document itself.

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Answered on 3/12/10, 8:41 am
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

If it is a will you are talking about, be careful! A will has many execution requirements and simply notarizing a signature will not make the will valid - you would be better off doing nothing at all.

I just wrote a blog post about notary wills earlier this week: http://kellenbryantlaw.wordpress.com/2010/03/04/should-i-use-a-notary-or-paralegal-to-prepare-or-execute-a-florida-will/

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Answered on 3/12/10, 6:00 pm


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