Legal Question in Wills and Trusts in California
Let's say that my attorney has a property deed ready for me to execute and transfer the property into my trust. He notarizes the document but I don't sign it and he doesn't sign as witness. Can my attorney file the document without our signatures? Thank you
5 Answers from Attorneys
No. He can't notarize it without your signature, either (legally)
No. If you don't sign, there is nothing to notarize.
There is no contract without the parties who are to be bound by it signing to show they accept the terms. I you do not sign, how is anyone to know that you approve or even are aware of the document and its terms?
Notarizing it without prior signatures is a crime. He should be reported to the State Bar.
The notary sounds crooked to me, as well as the attorney. The notary is supposed to either witness you signing the instrument, or acknowlede that the person who signed the document confirmed that the signature was their signature.
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