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Can I Notarize For My Husband And Brother-In-Law?

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I am a Notary Public in Idaho and am notarizing a quitclaim deed between my husband, who also lives in Idaho, and his brother, who lives in Washington state. Can I officially notarize it, since the brother lives in another state? – T.R., Hayden, Idaho

It depends. If the brother is in Washington and his signature must be notarized, the answer is no. If the brother travels to Idaho, you may be able to do it. However, there is another matter to consider before you do. Idaho law states that a Notary has a disqualifying interest if the Notary shares the same beneficial interest as a party to the transaction (Idaho Code Section 55-108). If you share the same interest in the property as your husband, you would be disqualified from notarizing the quitclaim deed for either party.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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C.M., Salinas, California

14 Aug 2015

My brother-in-law is in Mexico, and wants to attend a university over there. He needs to have his middle school and high school diplomas apostilled. I've researched, and what I found was that the diplomas must be notarized. How does it work? Can I go ahead and take the diplomas to a notary or must my brother-in-law notarize them?

National Notary Association

14 Aug 2015

Your brother-in-law would need to contact the university and ask them for specific instructions regarding what notarial acts or other procedures are required for the documents.

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