Legal Question in Real Estate Law in Illinois

Have property in WI . Reside in IL. Want to set up a TOD. All of the available forms have spaces for property in each state and areas for Notarization in the same state. Don't know if it is possible to change (scratching out or inking out) the state designation on either the property description or the Notary info.???


Asked on 5/05/17, 10:20 am

2 Answers from Attorneys

David K. Staub Staub Anderson LLC

Most preprinted property forms assume that person signing the form is in the same state that the property is located, so for convenience insert the state in the notary certificate. The notary, however, must be licensed in the state where the notary is located. If you are signing a document in Illinois, the notary should be licensed in Illinois, regardless of where you reside or where the property is located. If you signed a document while you were on vacation in North Carolina, then you would have a North Carolina notarization. I am not a Wisconsin lawyer, but that should be the answer there as well.

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Answered on 5/05/17, 11:17 am

Your notary will know what to do. If you see an Illinois notary, the notary will make the necessary modifications.

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Answered on 5/05/17, 2:05 pm


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