[WSBAPT] Will signing under RCW 11.92.140

[Katharine P. Bauer]

Why do you need a will?  Avoid probate? You can't make a will without
capacity, but to avoid a probate, you can get an order from the court to
transfer all assets into a trust which distributes pursuant to the last
will or intestate law.  The trust can only benefit the IP.  Same powers a
DPA has.

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>
>
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-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com

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