I have to notarize some Canadian legal paperwork in the US. Running into problems.
June 22, 2012 2:02 PM
I need to have some legal papers related to my aunt's estate signed. My aunt lived in Canada, and I am in the US (Oregon).
I need to sign the papers in the presence of a notary public, and that signing needs to be witnessed by another person, a Commissioner for Oaths in and for the State of Oregon.
According to the Canadian lawyer, this could easily be done by two notary publics, but when I went today to have it done, they said that it was not possible: the witness could not serve as both a witness and a Commissioner for Oaths at the same time according to the law. (It is pretty hard to find a place that has two notaries on staff, so it is not so easy to just find another place, and perhaps it is true that they can't do it).
My Canadian lawyer is baffled, and said she has never heard of this problem from working with US clients. I am entirely legally challenged, and I just want to get it taken care of since everything will grind to a halt in the process of the estate until I submit this paperwork.
Does anyone know anything more about this? Would it be easier for me to get it signed at lawyers' office? If so, what type of lawyer do I need?
I need to sign the papers in the presence of a notary public, and that signing needs to be witnessed by another person, a Commissioner for Oaths in and for the State of Oregon.
According to the Canadian lawyer, this could easily be done by two notary publics, but when I went today to have it done, they said that it was not possible: the witness could not serve as both a witness and a Commissioner for Oaths at the same time according to the law. (It is pretty hard to find a place that has two notaries on staff, so it is not so easy to just find another place, and perhaps it is true that they can't do it).
My Canadian lawyer is baffled, and said she has never heard of this problem from working with US clients. I am entirely legally challenged, and I just want to get it taken care of since everything will grind to a halt in the process of the estate until I submit this paperwork.
Does anyone know anything more about this? Would it be easier for me to get it signed at lawyers' office? If so, what type of lawyer do I need?
Are you saying you went somewhere that had the required two notaries, but you came up snake eyes because one needed to serve as the commissioner of oaths and could not thus be a witness as well? That's when you bring a friend, or get the secretary or the copy guy, or bring a friend, or tip the pizza delivery man to be the witness.
posted by Admiral Haddock at 2:08 PM on June 22, 2012
posted by Admiral Haddock at 2:08 PM on June 22, 2012
I'm guessing this is an issue of miscommunication more than anything else. Did the Canadian lawyer give written instructions on how to have the document signed and witnessed? If not ask her to so that you can take the instructions to the notary when you go back to them.
I'm not sure why you would need two notaries or a notary and a commissioner for oaths though.
posted by any portmanteau in a storm at 2:20 PM on June 22, 2012
I'm not sure why you would need two notaries or a notary and a commissioner for oaths though.
posted by any portmanteau in a storm at 2:20 PM on June 22, 2012
'Are you saying you went somewhere that had the required two notaries, but you came up snake eyes because one needed to serve as the commissioner of oaths and could not thus be a witness as well?"
Correct. But the witness MUST be a commissioner of oaths according to Cdn. law, cannot be a civilian. And according to the notary I talked to this morning, according to their code of conduct, in Oregon they cannot do both (be a both witness and notarize their having witnessed). Hope that makes sense.
posted by nanook at 2:33 PM on June 22, 2012
Correct. But the witness MUST be a commissioner of oaths according to Cdn. law, cannot be a civilian. And according to the notary I talked to this morning, according to their code of conduct, in Oregon they cannot do both (be a both witness and notarize their having witnessed). Hope that makes sense.
posted by nanook at 2:33 PM on June 22, 2012
"Did the Canadian lawyer give written instructions on how to have the document signed and witnessed? If not ask her to so that you can take the instructions to the notary when you go back to them."
Yes. I brought in the instructions.
posted by nanook at 2:36 PM on June 22, 2012
Yes. I brought in the instructions.
posted by nanook at 2:36 PM on June 22, 2012
I am a notary in NJ and I provide mobile notary services. You call me, and I meet you at your house and you pay me and I notarize shit. I'm sure there are mobile notaries in Oregon, Google brings up a few. Call a service, and they'll be able to hook you up with an army of notaries.
posted by crankylex at 5:44 PM on June 22, 2012
posted by crankylex at 5:44 PM on June 22, 2012
In most jurisdictions, lawyers are by definition notaries as well. You'll find it much easier to find two suitable witnesses at a law firm than a notary's office (which are usually solo).
posted by Pomo at 11:15 PM on June 22, 2012
posted by Pomo at 11:15 PM on June 22, 2012
UPDATE: So, after one more futile try with a notary, the lawyer said that the Court had sent the wrong documents, once I received the correct ones, everything was right as rain with the notary. Didn't think Courts made mistakes ;)
posted by nanook at 3:43 PM on July 13, 2012
posted by nanook at 3:43 PM on July 13, 2012
This thread is closed to new comments.
Another place that has notaries is a bank. Call your local branch, or call a larger branch downtown.
This should be a $6 and 5 minute issue.
posted by Ruthless Bunny at 2:06 PM on June 22, 2012