Posted by Anonymous on 3/10/06 4:38pm
Msg #103986

Living Trust

Good afternoon all, I am going to notarize a Living Trust this evening. The Attorney and client will be present. What should I expect as far as notarized documents are concerned? I usually no loan documents so I just want to make certain that there will be no surprises.

Reply by eXpedN_TX on 3/10/06 4:48pm
Msg #103988

I haven't notarized a living will, but I thought the example in the link might help give you an example of what it looks like. This one is from Hawaii. Let us know how things go.

http://www.consumerlaw.com/lw.html

Reply by eXpedN_TX on 3/10/06 4:49pm
Msg #103989

Oops...you were refering to a Living Trust. n/m

Reply by Anonymous on 3/10/06 4:53pm
Msg #103990

Thank you for the information regarding living trusts. I have reviewed previous post and it looks like I am safe. Her atty will be present and I will receive my direction from her and the notarized docs are jurats/ack(s). For the State of California do I need 2 witnesses and can I act as a witness and notarize the doc?

Reply by John_NorCal on 3/10/06 5:15pm
Msg #103994

There will be certain documents that the attorney drew and will need witnesses. You and the attorney can be the witnesses, nothing that you witness comes under notarial regulations.

Reply by PAW on 3/11/06 9:37am
Msg #104072

I hate to differ. Depending on how the documents are drawn, most typically (from my experience) is that the trust documents will require two witnesses and the witness' signatures are also notarized. Therefore, the notary cannot act as a witness. Though permissible in most states, if not all, the attorney can sign as a witness, but to preclude any perception of collusion, it is recommended that the attorney representing the clients and/or drafting the documents, not sign as a witness either.

Obviously, if the instrument does not need to be notarized or the witness' signatures do not need to be notarized, then the notary usually can act as a witness to the transaction.

Reply by FlaMac on 3/11/06 2:45pm
Msg #104140

Follow the attorney's lead. He is the expert. The law's..

are different in every state. Further, the attorney will be up-to-date on the newest law's governing a Living Trust.