Legal Question in Real Estate Law in Virginia
notary that is a parallegal
I know a grandaughter that was power of attorney for her grandma that notorized a paper for her grandma where her grandma gave the grandaughters brother land.I thought you weren't allowed to do that in Va. I was going to apply to be a notary but I was told that I couldn't do that for close family.Is this true in Va. I also know the the grandaughter and her brother had other property they bought together in both names.
1 Answer from Attorneys
Re: notary that is a parallegal
When you say that the granddaughter notarized "a paper" we need to know what that is. If it is a will, the will must conform to very strict requirements. If it is a deed, it also must follow certain requirements and format.
So the "paper" might not be valid under these circumstances, but I don't know for sure without knowing more about what the paper is and how it was done.
Also, when you say that she notarized it, are you certain she did not act as a WITNESS of the signature instead of being a notary in that situation?
As far as the rules for being a Notary, that would be a different question. Whether the paper is valid or invalid may be a different question from whether she has violated the rules for being a Notary. I do not know about those, but the office that licenses notaries would be the best, easiest, clearest, and most certain place to learn about that.
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