My son’s former father-in-law is creating a will in which my son and my husband will benefit. I believe I cannot notarize because my family members will benefit from the will. Correct? — J.M., Phoenix, AZ

Not necessarily. In Arizona, Notaries are prohibited from notarizing their own signatures, as well as the signature of any person who is related to the Notary by marriage or adoption [A.R.S. § 41-328(B)]. The issue is not that your son and husband are named in the will. The real question is whether you would be violating the statute. While you once were related by marriage, you aren’t any longer and there is a question as to whether the statute applies in your case. Get the opinion of an attorney if you are seriously considering moving forward.

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

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