[WSBAPT] Questions re notary blocks for trust

[Joshua McKarcher]

Suzanne,

I’m unaware of any rule that requires a notary block (or certificate) to be on the same page as the signature acknowledged. Indeed, a notary certificate would ordinarily (or “in the old days”) be affixed to the document containing the acknowledged signature. I personally use Word’s “Keep With Next” paragraph formatting to keep the lines of an entire notary block (from STATE OF through line containing notary expiration date below signature) “together” on the same page. But for that notary block to be on the page following the signer’s signature is unexceptional to me. I’ve never had even a Notorious Big Bank give me trouble on that one.

Also, given the relationship of the two parties, I personally would have them sign separate signature lines and notarize their signatures in separate notary blocks. I don’t know that a notary block is “invalid” if you tried to put them both in one block, but you’d have to very careful to recite exactly the capacity in which each is signing (“by, as, of,” following the lovely short form acknowledgement). And, besides that, it would just strike me as odd visually to have a person and her son-in-law in one notary block, as I ordinarily would only do that for a married couple (or “maybe” two representatives of the same entity signing in straightforward representative capacities, I suppose).

Else, it seems perfectly fine to set it up for grantor to sign (presumably as both grantor and co-trustee), then co-trustee to sign as co-trustee; and then to have successive notary blocks for one and then the other, even if one or both is on the page following signatures.

I hope that helps. All the best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Monday, December 21, 2020 12:07 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Questions re notary blocks for trust

Hello,

We are doing a revocable living trust for a client who is the trustor, but who will serve as co-trustee with her son-in-law.

Where is the rule or guidance indicating that two notary blocks are needed (one for each co-trustee signature), and should the notary blocks be placed side-by-side or can the block for the second signature be placed on a second page if there is insufficient space on the first?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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