In a civil case is a notarized letter acceptable instead of an affidavit?
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In a civil case is a notarized letter acceptable instead of an affidavit?
My brother petitioned the courts to have my sister removed as The Personal Representative of my father seated. She has not preformed the duties and has used some of the estate money for non-estate expenses. He wants me to do a letter and have it notarized as to what I have done. I feel that when he hires a lawyer that they should vet me and if necessary I do an affidavit.
Asked on August 17, 2016 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, a notarized letter is not the same as an affidavit, and if an affidavit is called for in the court rules or by the rules of evidence, a notarized letter will not suffice. People think that notarizing a letter makes it somehow official or more true--that is not the case. *All* a notary does is verify that they checked the identity of the person signing (e.g. checked their driver's license or other ID) and that the person who signed is who they say they are.
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