[WSBAPT] Will signing under RCW 11.92.140

[Jayne Gilbert]

I recently got a court order allowing the IP to change his will with a
finding of testamentary capacity. I'm not sure the Statute allows a
Guardian to change the IP's will

On Wed, Aug 26, 2015 at 3:36 PM, Jeanne Dawes <jjdawes at goregrewe.com> wrote:

> Greetings,
>
> I'm petitioning the Court for authority for the Guardian to execute a Last
> Will and Testament on behalf of an incapacitated person.  If any of you
> have done this, I'm trying to figure out how I should set up the Testator
> signature and witnesses, and would appreciate any input you may have.
>
> I'm thinking I should indicate the name of the IP and then state by: jane
> doe, guardian, pursuant to Court Order entered under Spokane County
> Superior Court Cause No. ________ on 8/31/2015.
>
> For the witness proof affidavit I'm not sure how to address the fact that
> the testator is not of sound and disposing mind.  Do I state that the
> Testator is an Incapacitated Person and that the Guardian appeared to be of
> sound and disposing mind?  Something like "the testator is an incapacitated
> person and the subject of a guardianship in which Jane Doe is the duly
> appointed guardian with the authority to execute the Will on behalf of the
> IP, and the Guardian appeared to be of sound and disposing mind."
>
> If you have experience with this or some other thought about how it should
> be done I would appreciate hearing from you.
> Thanking you in advance.
>
> Jeanne J. Dawes
> Attorney at Law
> Gore & Grewe, P.S.
> 103 E. Indiana Avenue, Suite A
> Spokane, WA 99207-2317
> Voice:  509-326-7500
> Fax:      509-326-7503
> jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.  IF YOU ARE NOT THE INTENDED RECIPIENT, DO NOT READ,
> DISTRIBUTE OR REPRODUCE THIS TRANSMISSION (INCLUDING ANY ATTACHMENTS).  IF
> YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER BY E-MAIL
> REPLY.
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>



-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150826/aa8596d5/attachment.html>