Posted by Kathryn on 1/13/08 1:32pm
Msg #230417

Notarizing family members.

My son and his wife want to add my daughter to the warranty deed on their home. I have a different last name.
Is it okay to notarize their docs? I called the local notary office and they said I can notarize anything I want to.
What do you think?

Reply by Susan Fischer on 1/13/08 1:58pm
Msg #230420

Notarizing family members: Prudent to avoid, though it

may be legal.

Generally considered unwise for obvious conflict of interest implications.
JMHO.

Reply by MichiganAl on 1/13/08 1:58pm
Msg #230421

Even if it's legal in TN (and I don't know TN laws)

You're leaving yourself open for trouble. As many of us have said before, even the appearance of something improper should be avoided. If there's a future disagreement about the home, someone could try to argue, true or not, that you had an interest in the transaction and that it should be nullified. Do you want to even leave open that possibility? You don't want to be dragged into something like that, even if it's ultimately not true. Tell them to spend the $10 and get someone else to do it.

Reply by Gerry_VT on 1/13/08 1:58pm
Msg #230422

Hypothetical situation:

Your son has an illegitimate daughter you don't know about. Your son and wife die. The illegitimate daughter contests the deed, claiming it is a forgery designed to cheat her out of her rightful inheritance.

Non-hypothetical situation:

I didn't dream up this scenario out of any ill will toward Kathryn, her son, or anyone in her entire state. I dreamed it up because I found out I have a half-sister I didn't know about, and am trying to figure out what to do about it in my will.

Reply by Kathryn on 1/13/08 2:47pm
Msg #230428

I totally understand. What is funny is my daughter-in-laws mom and dad are notaries too!
They will just have to go to their bank or something. Thanks.

Reply by MikeC/NY on 1/13/08 9:43pm
Msg #230446

I got a call on New Year's Day from a guy who was joining the police department and needed a notary immediately. He had some documents that his mom (a notary who worked at a law firm) notarized for him. The PD kicked them back and said it was a conflict of interest; I'm not sure when he got them back, but he needed to submit the documents first thing the next morning.

He was less than 1/2 mile away, so it wasn't a big deal. I told him my standard travel fee; he would have gladly paid double that, because he was in a bit of a bind. His mom said she didn't think it was a conflict, and she may have been right - the documents had to do with some business he used to run, and in which she had no interest. Unfortunately for them, the PD didn't see it that way and insisted that he find another notary.

Lesson learned - don't notarize for family, even if it seems to you that there's no conflict.

Reply by Susan Fischer on 1/13/08 9:54pm
Msg #230449

Great example of "appearance of impropriety," Mike. n/m

Reply by Gary_CA on 1/14/08 10:44am
Msg #230476

A different point of view

If you clicked this thinking I'd say go ahead... you'll be dissapointed... a different point of view about the reason....

Doing work for family, any work, is always a PITA.

So don't notarize for family. Period. End of Story. NO. Hell no.

Look... let's say you have something you're absolutely sure is no conflict of interest... None, no possibility...

They're coming to you for one of two reasons. a) they don't want to pay or b) it's New Years Day (7am...and they didn't bring any donuts, or alka-seltzer for ya either, did they?)

Faghetaboutit.

Cause here's the deal... if you do it, besides doing it free... you just set a precedent... and next time (when it's the deed to the property you own 1/3 interst in) you'll have to explain why you can't... and they'll pout.

All for free.

NO. Go away, call UPS Store. No.

Reply by sue_pa on 1/14/08 1:59pm
Msg #230521

Re: A different point of view

you guys must have different family dynamics than I do. I notarized 'stuff' for my sister and brother-in-law over Christmas. I notarized something for my son last week. No problems and I had no id issues !!!

Reply by Marlene/USNA on 1/14/08 3:43pm
Msg #230543

Re: A different point of view

Probably do have different dynamics. Everything was fine after I notarized for my sister-in-law (years and years and YEARS ago), but now that she's no longer my sister-in-law, suddenly everything I did is questionable in her mind. I don't need that hassle.