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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36585
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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can my wifes son,an attorney, draft our trust be a successor

Resolved Question:

can my wifes son,an attorney, draft our trust be a successor trustee and also be the notary for the document?
Submitted: 7 years ago.
Category: Legal
Expert:  Barrister replied 7 years ago.

Hello,

 

He can draft the trust and be a successor trustee, he can not notarize any document for family members.

 

Michigan Secretary of State Notary Prohibitions:

 

A notary public cannot perform a notarial act for a family member.

 

http://www.michigan.gov/sos/0,1607,7-127-1638_8736-96350--,00.html

 

 

 

Thanks.

Matt

 

 

 

Barrister and 6 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
If he did notarize the same document and the quitclaim deed, do those documents become null and void?
Expert:  Barrister replied 7 years ago.

They are not null and void, they are simply not executed properly and could be challenged as invalidly executed.

 

Additionally, he is not allowed to notarize anything he is involved with or named on.

 

A notary public cannot perform a notarial act in connection with a transaction if the notary is named in the transaction or has a direct financial or beneficial interest in the transaction.

 

 

Thanks.

Matt