New York, NY asked in Real Estate Law for New Jersey

Q: Is a document that was supposed to be notarized at the time of signature (but was not) still legally valid?

A legal document was drafted by one party who was in a 50/50 Tenants-in-common real estate arrangement. The document was presented to the other party, who at the time was an elderly person with terminal cancer and on heavy opioid painkillers. She was told to sign the document. And as mentioned above, the document itself indicated that it was supposed to be notarized at the time of the signatures, but no notary was indeed present when the signee wrote her signature. Would this still be legally enforceable?

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1 Lawyer Answer

A: Maybe a lawyer would need to review the document, of course they will charge you to do this. The bigger problem was that the person was on pain killers and may not be of sound mind or body.

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