Legal Question in Wills and Trusts in Georgia
Notary public
I am a notary public. I have a friend who needs a quit-claim deed notarized. My friend had power of attorney for his dad. His dad died in January. My friend thought the power of attorney would continue to exist after his father's death. That is not the case. My friend wants to sign a quit-claim deed (as power of attorney) to put his dad's home into his name and has asked me to notarize the deed. Can I notarize his signature and not be liable for anything else? I would like to help him out, but I don't want to get in trouble. Thanks.
2 Answers from Attorneys
Re: Notary public
You could be jailed for a criminal conspiracy if you do this. You could also be sued over your participation in this fraud. You would also be stripped of your notary commission.
Please don't ask lawyers for permission to commit fraud. Do not participate in this illegal scheme.
Re: Notary public
From the facts, your "friend" is attempting to commit fraud and you not only know it, you are an active participant. I am not sure how you think participating in it is, in any way, helpful or why a friend would ask you to participate in fraud in the first place. Yes, you certainly can, and should, get in trouble for your participation and it will likely be well beyond losing your commission. This should not even be a question.
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