Questions and Professional Answers

• Is lawsuit valid if based on a false affidavit?

  Lawsuit filed on basis of a HOA management company notarized affidavit stating that repairs are needed on property. The HOA management representative's notarized sworn statement said that she had been to the property alledgedly owned by me on several occasions, gave the location address of said property with detail listing of repairs. The property named in the lawsuit is TOTALLY different property than the one named in the notarized affidavit attached to the lawsuit, the two properties are not even in the same subdivision. In fact, the property named in the notarized affidavit was bought by my husband before we were married, it is in his name only, I am not the legal owner of the property. Also, the property in the notarized affidavit is not in any disrepair. Is lawsuit based on this false affidavit upholdable/valid in court?

  • Re: Is lawsuit valid if based on a false affidavit?

    I don't know what the lawsuit is all about. Is the affidavit "false" or merely "error"? False implies intentional conduct to deceive, an error is something that can be corrected. These types of questions are best discussed with your lawyer.

    James Grissom
    Law Office of James P. Grissom
    3507 West Alberta Rd.
    Edinburg,, TX 78539

• Did not have insurance for car & truck for 12 days.

  I was changing car insurance companys and didn't have insurance for 12 days now i need to send them proof that i now have insurance and a notarized affidavit stating we didn't use our vehicles for those 12 days. What and where can I get a notarized affidavit. What is a notarized affidavit? Where do I get one? Thank You. My new agent said that there shouldn't be a problem when I started changing insurance companys which was before my other insurance ran out. Should I contact my current co. and let them deal with this? Please get back to me by e-mail asap. Thank You.kathy_gillen@yahoo.com

  • Re: Did not have insurance for car & truck for 12 days.

    A notarized affidavit is a sworn statement that you didn't use the vehicles for those 12 days. In other words, write out a statement that I/we (owners), so and so, hereby swear or affirm that the (describe vehicle) (registration no.) was not driven between date a and date b. Sign it in front of a notary and have it notarized. Ask PennDOT if they have a specific form, but if they don't, then do the above.

    Charles A. Pascal, Jr.
    Law Office of Charles A. Pascal, Jr.
    P. O. Box 103
    Leechburg, PA 15656-0103

• Does a California Will need to be notarized to be valid?

  I took my self-made will made from BroderBund WillWriter 2002 and three witnesses to get it notarized and was told that an attorney had to review it before it could be notarized. Does it have to be notarized? Can I just have my witnesses sign it without a notary or affidavit? Are there any legal consequences that could result? I read somewhere (Ask Ms. Nolo???) that in California as long as I had two witnesses that Wills did not need affidavits or notarizing. Is that true?

  • Re: Does a California Will need to be notarized to be valid?

    The will just requires two witnesses (people other than those mentioned in the will) to be valid in California. The witnesses must understand it's your will and watch you sign it.A notarization may be helpful in proving the identity of the witnesses, but it doesn't affect the will's validity.

    Chris Johnson
    Russakow Ryan Johnson
    225 South Lake Avenue, 10th Floor
    Pasadena, CA 91101

  • Re: Does a California Will need to be notarized to be valid?

    Two witnesses who sign stating that they were both there and saw you sign. No notarization is necessary.

    Mina Sirkin
    Sirkin & Sirkin
    20750 Ventura Blvd, Suite 201
    Woodland Hills, CA 91364

  • Re: Does a California Will need to be notarized to be valid?

    A will needs the signatures of at least two uninterested parties who witnessed the maker of the will sign the document. A Notary should REFUSE to notarize a document that is purported to be a will. A notarized will is invalid.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

• Neccesity of notarized POA to transfer property

  Three years ago, when my mother was ill and went into a nursing home for rehab, our family decided that I would be the power of attorney if anything should happen to her. She signed it (as she was very lucid at the time) and we had two copies notarized at the nursing home and two that we didn't have notarized because of the notary fee per copy. Unfortunately, we never made a copy of the notarized copies and the one that we gave to the nursing home has, according to them, been lost. We don't know what happened to the other notarized copy. So we have two with my mom's signature and the date. Now we need them because she is no longer able to make her own decisions and we need to sell her home to pay for long-term care. Would a non-notarized copy be acceptable for property transfer or is it even necessary to have a POA in this situation where mom is the only person on the deed? What if we signed an affidavit concerning the document and had that notarized?Thank you

  • Re: Neccesity of notarized POA to transfer property

    Property transfer to whom? If you're thinking of having the property sold to some unrelated family member, this propsective buyer might well question the validity of your unnotarized POA.

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

• Self proved will affidavit

  I read that a self proved will affidavit is not required, that the signatures on the will itself are sufficient to execute the will accordingly. Is that true? Or is the notarized affidavit required?

  • Re: Self proved will affidavit

    The notarization (self-proving affidavit) is not required so long as all of the statutory requirements are met with the form of the will itself.

    Monica Donaldson
    Donaldson Stuart, P.C.
    3100 West Ray Road, Suite 115
    Chandler, AZ 85226

• affidavit of forgery & identity theft

  Do i just write a letter & have it notarized? My wallet was stolen out of my car. I have 2 send telecheck an affidavit for both. There is no police report, i did a stop payment @ the bank. i recv'd nothing in the mail notifying me of this until I went to the store.

  • Re: affidavit of forgery & identity theft

    If you are asking how to draft an affidavit, then there are free forms available on the Internet for this purpose - simply perform a search on Google for "affidavit identity theft" or the like. However, I urge you to consider filing a police report of theft which will help you. For more information see this website from the Federal Trade Commission - http://www.ftc.gov/bcp/edu/microsites/idtheft/

    Sheryl Schelin
    Law Office of Sheryl Schelin
    730 Main St., #358
    North Myrtle Beach, SC 29582

• Will not notarized

  The Treasury Dept for Fresno County, Ca is rejecting the Wills of our parents to re-disperse funds on a check for the remaining funds on a sale of property for back taxes. They (Fresno County) requires the Wills to be notarized. I did not think Ca required Wills to be notarized to be valid. Both parents are deceased. Both witnesses to the Wills are still alive. Can the Wills be notarized at this time? Or, can an affidavit be used for the witnesses? Looking for acceptable options at this time. Additional questions can be emailed to me if necessary. Thanks for your assistance.

  • Re: Will not notarized

    You are correct- Wills do not have to be notarized in CA. If your parent's estate (the second to die) is under $100,000, you should submit to the County a Probate Code Section 13100 Declaration asking the the funds be transferred to his successor in interest (the children, assuming they are the residual legatees of the will, along with certified death certificates of both of your parents.

    Michele Cusack
    Pollak & Cusack
    1701 Novato Blvd. Suite 304
    Novato, CA 94947

• affidavit of small succession

  My father in law died March 22 in FLorida.He died intestate and had no life insurance.His checking account had a balance of 1,500.00 The bank he banked with was located in Baton Rouge, LA.The bank states that because of the low amount,we would need to sign and affidavit of small succesion.The bank said they werent sure it needed to be from Florida or from Louisana because that is were the money is.I found this form for louisiana on the internet but cant locate one for Florida. His daughter in Florida asked a lawyer at the army base, all he said was it was just what ever the bank wanted, and that was all. Nothing about how to go about it.We live in Miss. and the other children live in Florida and Virgina. How do they all sign the same form and have it notarized by each(notarized 3 times?)Does it have to go through the court or does it just need to be notarized by a notary public?We dont want to spend 1500.00 on attorney and filing fees,it would not do any good, we might as well let it sit there.

  • Re: affidavit of small succession

    If the estate were probated, it seems that Florida law would control because that appears to be your father's legal domicile. If the bank is not subject to the jurisdiction of the Florida court, an ancillary proceeding would have to opened in Louisiana. The affidavit of succession in interest avoids all that. My suggestion is to retain an attorney in Louisiana to prepare affidavits that can be used by all and to advise about bypassing the probate processes in Florida or Louisiana.

    Albert Pettigrew
    Law Offices Ph 228-875-8736
    401 Inverness Ct.
    Ocean Springs, MS 39564

  • Re: affidavit of small succession

    This message was erroneously sent to me, a Mississippi attorney. If your father lived in Florida at the time of his death, it seems that Florida law would control, but I am not qualified to answer the question. You need an opinion from a Florida and/or Louisiana attorney.

    Austin Nimocks
    Austin R. Nimocks & Associates, P.L.L.C.
    Post Office Box 14224
    Scottsdale, AZ 85267

  • Re: affidavit of small succession

    Since he was a Florida resident, his daughter in Florida must file papers to be appointed in the Circuit Court in the appropriate county. I am sure the clerk of that court will help her.

    David Slater
    David P. Slater, Esq.
    5154 Windsor Parke Dr.
    Boca Raton, FL 33496

• Which County on affidavit header?

  When drafting an affidavit, in the header as:STATE OF MINNESOTACOUNTY OF ___________Do we insert the County where the affiant resides and will have it notarized or do we insert the County that the affidavit will be going to?

  • Re: Which County on affidavit header?

    The County denoted should be the county where the affidavit is witnessed and notarized.

    Maury Beaulier612.240.8005
    Minnesota Lawyers
    5775 Wayzata Blvd., Ste 700
    St. Louis Park, MN 55416

• Notary Needed or Not re: UD-7 ?

  I recently had my husband served with papers by a process server. This included the Affidavit of Defendant (UD-7). My husband signed the UD-7 and gave it right back to the process server, who then returned it to me along with their affidavit stating that my husband was served. My question: the UD-7 was not notarized since my husband signed it right away and gave it to the process server...if done in the presence of a process server, does this form need to be notarized?

  • Re: Notary Needed or Not re: UD-7 ?

    SINCE ALL AFFIDAVITS MUST BE SWORN OR AFFIRMED TO BEFORE A NOTARY OR COMMISSIONER OF DEEDS, YOUR HUSBAND'S DEFENDANT'S "AFFIDAVIT" IS USELESS.HOWEVER, THE PROCESS SERVER'S AFFIDAVIT OR AFFIRMATION OF ACTUAL SERVICE OF PROCESS OF THE SUMMONS/NOTICE/ & COMPLAINT, MAY PERMIT YOU TO FILE FOR YOUR DIVORCE AND POSSIBLY PROCEED TO UNCONTESTED DIVORCE JUDGMENT.GOOD LUCK!PHROSKA L. McALISTER, ESQ.

    Phroska L. McAlister
    PHROSKA LEAKE McALISTER
    116 West 23rd Street # 197 5th Floor
    New York, NY 10011

  • Re: Notary Needed or Not re: UD-7 ?

    Yes, an affidavit of any type must be notarized.

    Amy L. Finch, 845-362-0387
    Amy L. Finch, Attorney and Counselor at Law
    280 Midland Ave, Saddle Brook, NJ 07663
    P O Box 89, Theills, NY 10984

  • Re: Notary Needed or Not re: UD-7 ?

    That form is USELESS unless formally "sworn to" before a Notary Public.Regards, etc.,J. M. Hayes>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

    John Hayes
    The Law Office of John M. Hayes
    116 Beethoven St.
    Binghamton, NY 13905-3938