Sunday, March 1, 2015

Texas Jurat Replaced by Unsworn Declaration

This is becoming big news in Texas. Don't panic folks...lawyers won't go off the rails using this method, but you will be hearing about it. Furthermore, this won't replace acknowledgments, the notarial act and certificate required for property transactions. 


Obscure law impacts need for a notary

TYLER, TX (KLTV) - [Editor's note: This article is not intended to be legal advice. Check with a lawyer before making a decision.]
A Texas law could make it easier for a person overseas or in the hospital to handle legal matters that require a notary public's seal.
Amy Long, a family law attorney in Tyler, said that a notary seal used to be required for many legal documents in most areas of the law.
“As long as you have an [unsworn declaration],” said Long, "You don't necessarily need a notary public.”
Long said the law on unsworn declarations was passed in September of 2011 under the Texas Civil Practice and Remedies Code Sec. 132.001. [Read the article!]

...Many attorneys have in-house notaries; that cuts the cost of what would be a hefty bill if outsourced. A trust and estates attorney in Tyler, Michael Allen, said that despite the option, he would still make his clients get the documents notarized, just as a safeguard.

"Statutes are always changing every year; every time the legislature meets, laws are changed.” said Waits. “That's why a lot of people don't know about it.”

Waits said the law does not apply to every document or situation, including wills and deeds, which still require a notary seal. [Read the article!]

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