Posted by Anne_SoCA on 6/26/05 4:01am
Msg #47891

Notarizing a Living Trust

I have searched the archives, but I still would like to find out more about notarizing a Living Trust.

I was contacted by a person who has just had a Living Trust made and would like to know if I could notarize it for them.

Has anyone out there notarized a Living Trust? If so, what are your comments about doing this?

Thanks in advance...

Reply by PAW_Fl on 6/26/05 6:25am
Msg #47896

Notarizing a document is the same for all documents. It's either an acknowledgment or a jurat. That part isn't difficult as it should be the same, no matter what the document is. You are not concerned with the contents of the document, so you simply must make sure that the notary certificate is properly completed and, if an oath is required, you place the signer(s) under oath before they sign.

I do them with a few attorney offices here, and will only do estate planning documents that are drawn by an attorney or a licensed planner. However, if you don't have the luxury of being able to refuse a valid request, you must complete the act in accordance with your state laws.

The only extra condition about estate planning documents is that some of them may require witnesses and that you are also notarizing the witnesses signatures. So, in that case, you cannot notarize and witness the signing, only notarize all the signatures, following the prescribed method in your handbook, and statutes.

Reply by Anne_SoCA on 6/26/05 10:27am
Msg #47909

Thank you so much for your answer! What do you charge to do these? I just said I'd charge her the State fee ($10 per signature in CA) plus $15 for my travel and time. I really had no idea what to charge. She said there were "several" signatures, so we'll see!

Reply by John_NorCal on 6/26/05 11:27am
Msg #47918

Anne,
I have notarized living trusts before, but in each case it was with the attorney who drew up the documents. As PAW_Fl pointed out there are documents that will need to be witnessed and others that will just require notarizing. The attorney and I would act as witnesses for those documents. That's why your friend said there are "a few" signatures required. As for the state handbook, in my opinion for whatever it is worth, the statute appears to be advisory rather than compelling a person to seek out an attorney. I believe the state bar wants to discourage people from getting the living trust program from NOLO press and doing their own programs. I would be interested in hearing how someone from the SOS office would interpret the actual wording.
Having said all that I think a person is well advised to look for a good trust attorney. And to answer your question, I used to get between $135-165.00 per signing.
Good luck

Reply by TitleGalCA on 6/26/05 10:27am
Msg #47910

Anne - I've always been hesitant to notarize anything that sounded like "will" or "living trust" or other probate type documents because of the text that comes from the CA handbook:

***The California State Bar advises that when a notary public is asked to notarize a document which purports to be a will, the notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends that the document be notarized, a notary public may do so.***

I think there's good reason behind this language (and probably alot of self protecting reasons for the CA State Bar Assn), but if the document were presented to me, I'd advise that person word for word what this language says.

How you find out "if an attorney recommends that the document be notarized" I have no idea. I just know they drilled it into my head when I first became a notary many years ago.

Reply by Anne_SoCA on 6/26/05 4:22pm
Msg #47973

TitleGalCa - I know what you mean about the "will" thing. I looked it up in the handbook and remembered that in training, we were told to "just say no" to notarizing a will. A living trust is somewhat different which is why I considered her request. I'm guessing she had it made for her by an attorney because in her email she said "I had a living trust drawn up".

In any case, I haven't heard back from her, but if I do, I now know what questions to ask her! I guess I'm already out of luck on my $ quote for services ;-) Oh well, live and learn.

Reply by JanetK/CA on 6/27/05 2:40am
Msg #48060

Keep in mind that the text says "should not" notarize, unless prepared by an attorney, etc. However, just above, it says they we "must not" notarize an incomplete document. The difference in wording is significant, I think.