Cary, NC asked in Estate Planning and Family Law for North Carolina

Q: A cemetery in NY needs a notarized statement that my father-in-law is the last surviving member of his family.

What proof would a notary need to sign such a document? The cemetery says there is room in a family plot for his ashes (in the future, he's still alive), but since his name is not designated to go there they need such a document. He is indeed the last surviving member sibling of his family and at 87 years old, we need to have a plan in place for his remains. Thank you.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: All a Notary does (and can do!) under US law is identify the person signing a document / making an affidavit. The PERSON making the affidavit needs to swear under some standard, that the facts are true, and the notary simply says 'yep, this person is who he says he is.'.

If you don't understand the distinction, the sworn notarized statement will probably be insufficient too -- and it makes sense to either have your own attorney draft the document, or have the cemetery provide a form to 'fill in the blanks' so they will be satisfied with the document afterward!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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