Legal Question in Wills and Trusts in New York
This is in regards to wills in probate. In the state of New York can a notary legally notarize a document in which he/she is also an attorney to a party, who are beneficiaries, to a document and also files to be executor of that will. This would mean that he/she is representing themselves as the notary, the attorney and the executor for the same case.
2 Answers from Attorneys
I am not sure of the document type but in most instances an attorney can witness and notarize everything but his own signature. For example, I might be the attorney for a child who brings a parent to me to prepare a Will, and the parent does a Will naming the child as one of the heirs that will inherit and me as the Executor. I can witness the parent's signature and act as the notary to it also. However, my signature has to be notarized by someone else. As the named Executor, I can also submit the Will for probate when the parent dies.
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