If you have a trust amendment and the attorney who made up the trust also acts as the notary, Is this a conflict of interest or

Attorney answers (5)

1. Licensed in CA

   

   Michael Doland

   Los Angeles Business Attorney

   Contributor Level 20

   12

   Lawyers agree

   Answered January 29, 2012 21:39. Norarization would not be permitted if the attorney was a beneficiary. Many attorneys are also notaries for the convenience of their clients, and there is no conflict of interest in notarizing a signature on a document prepared by an attorney for the benefit of a client.

   The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... moreThe above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. less

   • Mark as helpful
   • Flag
2. Licensed in CA

   

   L Christopher Arvin

   Santa Monica Estate Planning Attorney

   Contributor Level 13

   10

   Lawyers agree

   Answered January 30, 2012 03:31. Clearly there is not. This is a service provided by the attorney, sounds like at no cost, as a courtesy to his client.
   
   Attorney may also be a witness to signing of a Client's Will.
   
   Is there something that did not get typed into the question?

   • Mark as helpful
   • Flag
3. 

   Paul SmolinskiPro

   Palos Heights Trusts Attorney

   Contributor Level 16

   

   EmailVisit website

   10

   Lawyers agree

   Answered January 30, 2012 05:18. I guess that three strikes ......
   
   As the previous two attorneys state there is no legal or ethical reason that the attorney can not act as a notary unless he is either named in the document as a trustee or beneficiary.
   
   Have a nice day!

   Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... moreLegal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances. less

   • Mark as helpful
   • Flag
4. Licensed in CA

   

   Charles Shultz

   Los Angeles Trusts Attorney

   Contributor Level 18

   6

   Lawyers agree

   Answered January 30, 2012 08:36. It is very common in California for the drafting attorney to act as the notary of the trust and even serve as a witness to the execution of the will.
   
   The notary's duties is to certify that the person who was supposed to sign the document actually signed the document.

   The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... moreThe general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice less

   • Mark as helpful
   • Flag
5. Licensed in CA

   

   Rachel Campagna

   San Jose Estate Planning Attorney

   Contributor Level 8

   3

   Lawyers agree

   Answered February 03, 2012 13:35. There would only be a problem if the attorney was a beneficiary to the trust. Otherwise, it is a courtesy service many attorney offices offer. A notary will typically charge $10 a signature in CA.

   • Mark as helpful
   • Flag