Q: I have an enhanced life estate document that was notarized for my father's house. the notary acknowledgment may incorre
the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.
A:
In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly signs the document. The phrase "forgoing instrument" typically refers to the document being acknowledged and its absence might be a clerical error, but it’s important to assess its impact on the overall validity of the document.
The acknowledgment that states the person is known to the notary and has produced a driver’s license does fulfill the basic requirement of verifying the signer's identity. However, it should also explicitly mention that the signer is executing the document as their free act and deed. If this part is missing, it could potentially raise questions about the complete execution of the notarization process.
Given these nuances, it would be wise to consult with an attorney who can review the document in question and provide specific guidance. An attorney can determine if the notarization meets Florida’s legal requirements or if a new notarization might be necessary. This step will help ensure that the document is legally sound and its intentions are upheld.
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