QUESTION

Can my husband's grandmother who is a notary write AND notarize an affidvit she wrote for her daughter and grandson's and be admissable in court?

Asked on Jun 23rd, 2014 on Breach of Contract - Florida
More details to this question:
3 brothers. Grandfather dies- in will his house is left to the deceased's daughter (the brothers mother) and 2 brothers. The 3rd brother left out is in prison. Imprisoned Brother is expecting a cut of the money from the sale of the house. (Family is very dysfunctional.) Their mother coerced my husband (the oldest brother) to sign an affidavit to give jailed brother money from the sale of the house. Grandmother (mother of the brothers) is a notary public and not only drafted/wrote the affidavit she also notarized it. We are now being sent to small claims court by the imprisoned brother to pay him money. Please tell me that this case is going to be thrown out because the affidavit is inadmissible. I have done lots of research to know that none of this is legal.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
No one can tell you that other than a judge. Its sounds like there is a whole lot of improper stuff going on here, so you can never tell whats going to happen. If you truly expect to defend it in court, you may well just need to hire an attorney to address it.
Answered on Jun 24th, 2014 at 6:04 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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