Category Archives: What is?

How to designate a helthcare surrogate

healthcare surrogate

Broward Notary
954-866-5056

The Florida Legislature has recognized that every competent adult has the fundamental right of self determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment or procedures which would only prolong life when a terminal condition exists. This right, however, is subject to certain interests of society, such as the protection of human life and the preservation of ethical standards in the medical profession.  To ensure that this right is not lost or diminished by virtue of later physical or mental incapacity, the Legislature has established a procedure within Florida Statutes Chapter 765 allowing a person to plan for incapacity, and if desired, to designate another person to act on his or her behalf and make necessary medical decisions upon such incapacity.

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What is an Apostille or Certificate of Notarial Authority?

An apostille is an International certification attached to documents that have already been signed and notarized by a notary.  In Florida, the Division of Corporations issues these certifications.

The Florida Secretary of State is the ONLY competent authority authorized to issue apostille and notarial certifications in the State of Florida.

 

How to file:

  1. Complete the Department of State’s Apostille and Notarial Certificate Request Form (PDF).
  2. Make sure to include the documents to be authenticated or certified.
  3. Don’t forget to insert a self-addressed stamped envelope with the requestor’s name and address listed as both sender and recipient; OR
  4. A pre-paid, pre-addressed air bill with requestor’s name and address listed as both sender and recipient.
  5. Include payment.

Mail application, documentation, and payment to the Division of Corporations’ Apostille Section.

Get more information from The Florida Department of State here

-or- learn more at the Florida Divisions of Corporations

3 things a Notary Public can not do…

       A Notary Public is an official of integrity appointed by the state government to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents.

—  I take my profession of being a Notary Public very seriously. It blows my mind how many times I am asked to do the opposite of what a Notary Public is supposed to do.  I am constantly called for notary service and asked to NOT perform my duties. Just for the record, There are three things a Notary Public (me) CAN NOT do:

  • A Notary Public CAN NOT notarize a document without witnessing the signer sign it.

  • A Notary Public CAN NOT notarize a document without valid identification of the signer.

  • A Notary Public CAN NOT notarize a document that is incomplete or blank.

It is illegal to perform any of these acts as a Notary Public.  Please think before you ask us to go against our moral and business integrity.  We are officially, by law, governed by the state to validate the signature of a signer.

If you are a Notary Public and have been faced with a similar issue, please comment below.

last will and testament of

What is a “Self-proving” Affidavit and Who needs one?

willTo finalize your Will in Florida, you must sign your will in front of two witnesses, and your witnesses must sign your will.

In Florida, you do not need to notarize your will to make it legal.

However, the release of anything in your estate will be tied-up in probate to determine where you maintained your permanent residence (prior to death) and if you domiciled in Florida or some other state.

If your estate was never probated in the “home state,” then a representative must be appointed a to take the oath of at least one of the original witnesses to the will. In some cases, the persons who witnessed you sign your will may not be reachable, may have died or otherwise cannot be located, which can cause serious delays in the execution of your final wishes.

Click here to get more information on preparing your Last Will & Testament 

To avoid this, you can “self-prove” your will.

A Will is “Self-Proved” if there is an Affidavit attached to the Will which essentially says that the Will was signed by the testator in the presence of two witnesses and a notary public. This is referred to as a “Self-Proving Affidavit” with a notary seal/stamp towards the end of the Will.

If the Will is indeed “Self-Proved”, it should be admitted into probate administration without the necessity of any further proof. Neither the witnesses or the notary public need be located for further testimony or confirmation.

history shakespeare testament

What is a Last Will & Testament and Who needs one?

A will or testament is a legal document by which a person, the testator, expresses his or her wishes as to how his or her property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

A will may also create a testamentary trust that is effective only after the death of the testator.

The testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death

To help protect your family and your property, you can use a will to:

  • leave your property to someone you love or organizations you care about
  • name a personal guardian to care for your minor children
  • name a trusted person to care for and manage property you leave to your minor children,
  • and also name a personal representative, the person who makes sure that the terms of your will are carried out.

We provide private and confidential service throughout Broward county. We are background screened through the National Notary Association.  We do not give any legal advice or offer any legal representation.  You may want to consult an attorney in some cases. For example, if you think your will might be contested or if you want to disinherit a child or spouse, you should talk with an attorney. We simply professionally prepare your last wishes and notarize your signing.

Don’t let your estate go to probate! Contact our office today and setup your Last Will & testament signing with us at 954-866-5056

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denied notary service

Will your parent be able to sign a Durable Power of Attorney? Notary service will be denied if

broward notary 954-866-5056Notaries have a single obligation to determine whether an individual signing a document is coherent enough to understand the contents of the documents they are signing.  This is the sole purpose of a Notary.

Notary service will be denied if the signer can not answer a few simple questions and is unaware of what they are signing.

Far too often I am scheduled for a notary service call that completely contradicts the purpose of the signing. I do not get paid for my time going to a rehab center to only come to find the signer unable to sign because they have an inability to speak due to a stroke side-effect or unable to comprehend the situation because of a brain injury.

Although I understand the importance and urgency of getting these documents executed to help manage someone’s life affairs after a serious illness, I must deny service to any one I determine can not understand the forms they are signing.

A signer must be able to answer a few questions like….

  • When is your birthdate?
  • What did you eat for dinner last night?
  • What colors are on the American flag?
  • How many letters are in the word CAT?

If a signer can not answer a few simple questions, he surely will not be able to understand the legality of a document.

When scheduling notary service, please evaluate the condition of the signer and pre-determine their abilities to comprehend their meeting with the notary.

Will your parents be able to sign a Durable Power of Attorney in the event they experience a life threatening condition? Usually not.  Schedule your Document signing service today! Click here

Do you need to certify the Contents of a Safe-Deposit Box?

  Florida law provides that a financial institution may open a safe-deposit box if the rental fee is past due, providing that proper notice has been made and that certain other conditions are met. A notary public is authorized and required to be present for the opening of the safe-deposit box, to inventory the contents of the vault, and to make an appropriate certificate of the opening. The notary is not required to estimate the value of the contents of the safe-deposit box.

The law authorizing notaries to perform this function became effective on July 3, 1992, and is found in section 655.94(1), Florida Statutes.

Procedure for the Notary Public:  

  • The notary must be present at the time the safe-deposit box is opened and may not be a director, officer, employee, or stockholder of the financial institution. An officer of the institution must also be present with the notary at the opening of the safe-deposit box.
  • When the safe-deposit box is opened, the notary should inventory the contents of the box and should complete a certificate reciting the name of the lessee, the date of the opening, and a list of the contents. Florida law does not provide a form certificate. 
  • Once the certificate is completed, copies should be made. The notary should place the original certificate in a package with the contents of the safe-deposit box and seal the package. The notary must then write on the outside of the package the name of the lessee and the date of the opening. 
  • The notary should leave the sealed package and a copy of the certificate with the financial institution.

Schedule an appointment to Certify the Contents of a Safe-Deposit Box here. 

florida quit claim form example

What is a Florida Quitclaim Deed?

A quitclaim deed is a type of deed that transfers an interest in real property, like a house, vacant land or a mobile home. The person giving the property is the grantor. The person receiving the property is the grantee. Quitclaim deeds are sometimes referred to as quit claim or quick claim deeds.

A Quitclaim deed is used when a property transfers ownership without being sold. No money is involved in the transaction, no title search is done to verify ownership, and no title insurance is issued.

quitclaim deed

We prepare your completed quitclaim deed and come to your location with two (2) original copies for you to sign for our notary. We will make sure your documents include, the legal description of the real estate being transferred, the date of the transfer and the names of the “grantor” and “grantee.” And we bring the documents to you to have the deed signed by all parties in front of our notary public.

Call or text Broward Mobile Notary 954-866-5056


notary

What are the Duties of a Custodian of a Last Will & Testament

1-mobile-notaryIf you are a custodian of a will it is your duty to produce the will with the Clerk within 10 days of the testator a death….

Florida Statute 732.901

732.901 Production of wills.—
(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or social security number to the clerk upon deposit.
(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will as provided in subsection (1). All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.
History.—s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226.
Note.—Created from former s. 732.22.

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Do you need to Solemnize your Matrimony? Get Married in Florida!

loveFlorida is one of only three states (the other two are South Carolina and Maine) who authorize their notaries public to “solemnize the rites of matrimony.” §117.045, Florida Statutes. The Florida notary may perform a marriage ceremony providing the couple first obtain a marriage license from an authorized Florida official and may only perform such ceremony within the geographical boundaries of Florida. Thus, a Florida notary could not perform a marriage ceremony in another state. Additionally, a notary from another state, including South Carolina and Maine, could not perform a marriage ceremony in Florida. And, a Florida notary may not marry a couple who has obtained a marriage license from another state.

Getting married in South Florida? Call or text Justice of the Peace 954-866-5056