Posted by snowy/CA on 11/19/11 10:29am
Msg #404484

Living Trust

Hi all,

I'm a new notary in Calif and have been asked to notarize a Living Trust. Can anyone tell me if there is a specific way the signers need to sign? Such as, Joe Smith, as trustee, etc.. and if so on which docs?
Anything else you think is important, please let me know.
Regards

Reply by HARRY_PA on 11/19/11 10:41am
Msg #404485

Best information on that is from your hiring entity. Good luck.

Harry

Reply by Notarysigner on 11/19/11 11:00am
Msg #404487

TC will provide instructions.

Reply by Notarysigner on 11/19/11 11:18am
Msg #404491

if private, you should tell them whether not you

have done this before..you owe them that.

Reply by Linda_H/FL on 11/19/11 11:25am
Msg #404492

Why? IMO it's a simple general notary request

No need to make it more than it is...

Reply by Notarysigner on 11/19/11 11:31am
Msg #404493

Re: Why? IMO it's a simple general notary request

wouldn't you want to know? Here in C a l i f o r n i a I get questioned over 50% of the time about my experience, do you think it's because notary journal is on page one?

Reply by Linda_H/FL on 11/19/11 11:34am
Msg #404495

I've never been questioned about my experience for

general notary work. OF course, my experience is in my profile. IMO offering this up front is saying "I'll be happy to help you but I have no idea what I'm doing.

Just ask the basic questions - what is it? how many signers? is the notary wording on the doc? where? will you pay my fee? - beyond that...nope..I wouldn't.

JMO

Reply by Notarysigner on 11/19/11 11:52am
Msg #404497

you're fortunate then...Snowy, take Linda's advice...you

ask all the (basic) questions.

Reply by Mike Goodey on 11/21/11 11:36am
Msg #404611

Re: Why? IMO it's a simple general notary request

Maybe it's page one of your 10th journal or 20th.

Reply by desktopfull on 11/19/11 12:11pm
Msg #404500

Why would a TC provide instructions for executing a Living Trust? The lawyer that wrote the Living Trust should provide instruction.

Reply by Notarysigner on 11/19/11 12:15pm
Msg #404501

True, I had my NSA hat on. Think Trust instead of "Living Trust".

Reply by CopperheadVA on 11/19/11 11:11am
Msg #404488

If this is a private notary job where the signers contacted you and they are bringing their own paperwork that they got from an attorney or a legal document preparation service such as Legal Zoom, I do not advise people how they should sign in those instances. It's their paperwork and that's something they need to determine for themselves.

Reply by Linda_H/FL on 11/19/11 11:14am
Msg #404489

Signers or document authors are the ones who

decide that. Based on the fact that it's a Living Trust they're signing I can give you my best guess as to how these signers should be signing but I won't as that, IMO, would be UPL.
Hopefully they had an attorney draft it and that attorney should let them know how they're supposed to sign it. If not, it's not your call, it's theirs. You just need to identify them, notarize their signatures, however they decide it needs to be signed, and remember, do not include that capacity in your cert.

Good Luck.

Reply by LynnNC on 11/19/11 11:56am
Msg #404498

Re: Signers or document authors are the ones who

In NC there is a special certificate for when a person is signing in their capacity as trustee.

I would not advise people how to sign as trustee in a private notarization, and when I am handling a closing as a NSA, I get written instructions from the TC as to how the borrower/trustee should sign and initial.

Reply by JanetK_CA on 11/20/11 12:29am
Msg #404527

Re: Signers or document authors are the ones who

I agree, Linda. And if they did have an attorney draft it, there's a good chance that he or she included instructions with the package. At least that would be so if they were good at their work.

Another option for the original poster would be to suggest that they try to schedule the appointment during the day when the attorney's office can be reached for any questions. For living trust executions, it's helpful to have an idea about witnesses, etc. However, every attorney does things a little differently. And we all have to do our first one.

My best advice for the original poster is to just be sure you know your state's notary requirements and to focus on properly executing the notarizations and not worry about the rest of the document. That is someone else's responsibility.

Reply by John E. Rogers on 11/22/11 4:30pm
Msg #404747

Suggestion: Check your Calif Notary Handbook for guidelines; then the issuer of the doc. The Calif handbook should provide guidelines. If you are a member of the NNA, check best practices for common signing protocol. Good luck. jer/Ohio

Reply by snowy/CA on 11/22/11 4:36pm
Msg #404749

Thank you all who have replied. I just came back from the signing and it went great! The atty had provided signing instructions and everything was clearly marked where the familiy needed to sign. It was easier than doing loan docs! Thanks again for all your input. Regards, Snowy.