Notary vs Lawyer for NFA Trust

[Gilbee]

In Louisiana, notaries can draft trusts and many other documents that people tend to go to lawyers over…has anyone on here gone to a notary instead of a lawyer for creation of their NFA trust? If so, can someone recommend any notaries in the Baton Rouge area that are doing this?

Also, I've noticed a past thread on here where an attorney (mouthpiece) drafted a NFA trust for another member and the member was then looking for someone to notarize the document…since all Louisiana lawyers are also notaries, why wouldn't the lawyer who drafted the doc be able to notarize it as well?

 

[JCcypress]

Also, I've noticed a past thread on here where an attorney (mouthpiece) drafted a NFA trust for another member and the member was then looking for someone to notarize the document…since all Louisiana lawyers are also notaries, why wouldn't the lawyer who drafted the doc be able to notarize it as well?

The client probably lived too far from the attorney to make travelling to him worthwhile.

 

[Gilbee]

The client probably lived too far from the attorney to make travelling to him worthwhile.

That makes sense.

 

[US Infidel]

Mouthpiece notarized mine. He also attached additional sheets for others on my trust to get notarized later, who could not make it into his office that day.

 

[Gilbee]

yeah, it's gotta be the distance thing….thought I was missing something special about the mechanics of the NFA trust, but I think now it was a much less technical reason as to why it went that way

 

[edman87k5]

Mouthpiece did mine, went to the clerk of court and they notarized it for $5. Easy, simple and cheap.
As for having a notary draft the trust, it depends on who it is. A few years ago, becoming a notary wasnt all that difficult and many notaries probably couldnt draft a strong trust. Worth the few extra $$ for a good one.

 

[tigerman248]

Mouthpiece also did mine ! 5 days total notarized and all

 

[sportsbud]

Well also if you charge money for it, you then have a business interest in the transaction... it can be a grey area to draft it, take money and notarize it... I soon will be a Military notary when I am in uniform, just have a couple ranks to go up, and then I can notarize when executing my paralegal duties in the guard...

 

[Gilbee]

Well also if you charge money for it, you then have a business interest in the transaction... it can be a grey area to draft it, take money and notarize it... I soon will be a Military notary when I am in uniform, just have a couple ranks to go up, and then I can notarize when executing my paralegal duties in the guard...

No, I don't see the grey area...in Louisiana (unlike pretty much every other state in the country) a notary has the ability to draft documents and get paid to do it. I would think your military induced notary commission is referred to as an ex-officio notary, which as you have noted limits what and how you are allowed to exercise those notary privileges (could be mistaken, since you're also going the paralegal route). It would likely be problematic for an ex-officio notary to do this on the side outside of their intended task, but a notary who took the exam the normal way shouldn't run into problems...my thoughts anyway

 

[jcomar1]

In Baton Rouge I recommend JCcypress. Great guy to work with!

 

[spec50trout]

+1 JCcypress. Courteous and professional with a quick turnaround too. He's also capable of notarizing your trust. It doesn't hurt that he's a gun guy either.

 

[freedive10]

Also, I've noticed a past thread on here where an attorney (mouthpiece) drafted a NFA trust for another member and the member was then looking for someone to notarize the document…since all Louisiana lawyers are also notaries, why wouldn't the lawyer who drafted the doc be able to notarize it as well?

When the attorney drafts the document it must be notarized by someone else. Usually another attorney in the office. This other person notarizes said document as a witness and authenticates the execution of said document.

It kind of defeats the purpose if he or she could notarize their own document.

 

[dzelenka]

It is most likely a distance or timing thing. I do NFA trusts and other documents for clients all over the state. If their getting to my office or other location to meet me is not convenient from a distance or schedule standpoint, I just email the document to the client and have them execute it in front of their local notary.

Dan

 

[dzelenka]

When the attorney drafts the document it must be notarized by someone else. Usually another attorney in the office. This other person notarizes said document as a witness and authenticates the execution of said document.

It kind of defeats the purpose if he or she could notarize their own document.

Not so. an attorney cannot notarize his own signature, but it is extremely common for the attorney drafting the document to notarize the signatures of the parties.

Dan

 

[Gilbee]

When the attorney drafts the document it must be notarized by someone else. Usually another attorney in the office. This other person notarizes said document as a witness and authenticates the execution of said document.

It kind of defeats the purpose if he or she could notarize their own document.

Dan beat me to it, but this is not true. If that were the case, notaries who provide bills of sale that they draft (I know many use canned docs, but whatev) and then notarize would be committing crimes…and that happens far too often to be a crime.

 

[freedive10]

Dan beat me to it, but this is not true. If that were the case, notaries who provide bills of sale that they draft (I know many use canned docs, but whatev) and then notarize would be committing crimes…and that happens far too often to be a crime.

Maybe I should have been more specific when I left out that key point. As Dan stated, they can not notorize thier own signature. Thanks for the correction.

Verifying as a third party witness excluded.

 

[Gilbee]

Maybe I should have been more specific when I left out that key point. As Dan stated, they can not notorize thier own signature. Thanks for the correction.

It's probably also worth mentioning that a notary/lawyer wouldn't need to sign a document they draft like this anyway, other than to notarize the signatures of the parties involved, in which case, their signature itself can serve as their seal. That's my impression of how it works anyway...

 

[freedive10]

It's probably also worth mentioning that a notary/lawyer wouldn't need to sign a document they draft like this anyway, other than to notarize the signatures of the parties involved, in which case, their signature itself can serve as their seal. That's my impression of how it works anyway...

I went the LLC route so as far as a Trust, I can't say who's signatures are required. Thanks for the clarification. The last thing I want to do is add to the confusion on a very simple process.

Working in the Maritime law section at my job, we deal with notarizations on a reg.

 

[LaBelle]

In Louisiana, notaries can draft trusts and many other documents that people tend to go to lawyers over…has anyone on here gone to a notary instead of a lawyer for creation of their NFA trust?.............

I chose an attorney (Mouthpiece) to do my trust just in case I need minor modifications done or if there is an issue in the future with ATF or another alphabet soup agency. I'd much rather have someone well-versed in the art of law representing me and doing the talking for any legal matters than little 'ole me.

 

[rdm227]

I used Mouthpiece also and he was a great help. Very easy to work with and explained any questions that I had.

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