According to the CT Notary Manual, the
- The Office of the Secretary of the State strongly recommends that notaries exercise great caution when performing notarial acts in transactions where the notary has some beneficial interest, or which involve family members.
However, it is not a "prohibited act" as defined on Page 12:
And from the NY handbook Page 6:
In New York the courts have held an acknowledgment taken by a person financially or beneficially interested in a party to conveyance or instrument of which it is a part to be a nullity;
Note that it refers to the "acknowledgment." I have no idea how that affects the document itself.
Frankly, if sibling is upset at the results of the revised trust, then attempting to punish the "notary" is like peeing in the ocean to make the tide come in.
Sibling needs to address the validity of the revised trust based possibly on duress or diminished capacity for which sibling will need a large barrelful of money for litigation. And if the end result is that the estate goes to mother and sibling doesn't get anything anyway, litigation hardly seems to make sense.
And while ratting out the "notary" to the state might get sibling some satisfaction, it won't get him any money.