[WSBAPT] Will signing under RCW 11.92.140

[Jeanne Dawes]

Thank you to all who have helped me think through the my plan to seek authority through 11.92.140 for my guardian to execute a will on behalf of the IP.

My situation is unique, and while I think the statute is broad enough to allow the court to grant the authority, I realized there is one party that could challenge the validity of the will, and that would be DSHS if they want to challenge the testamentary SNT for the disabled sibling.  And then there is 11.12.010, which certainly could be used to challenge it.  And then there is the Div I Alsup case, while not on point (it is about the validity of a will executed by the IP individually), the court does comment that 11.92.140 "would be the logical provision in which to address a guardian's petition for authority for an IP to make a will if the legislature had ever intended courts to dictate whether IP's may devise their estates-yet court approval for the making of a will is not addressed in this provision or anywhere else in Title 11."

So, I'm pivoting, and instead will be asking for authority to create a revocable living trust with the authority to execute beneficiary designations in favor of the trust.  That will accomplish the same purpose.

Thank you all again for your insights and opinions.

Jeanne

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.


_____________________________________________
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michelle Graunke
Sent: Thursday, August 27, 2015 8:52 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; wanaela at mycommunities.naela.org
Subject: Re: [WSBAPT] Will signing under RCW 11.92.140


I am not aware of any authority that would allow a guardian to execute a Will on behalf of an incapacitated person.  RCW 11.12.010 is clear that only a "person of sound mind" can make a Will.

Michelle Lynn Graunke
Attorney at Law
719 Second Avenue, Suite 104
Seattle, WA   98104
(206) 652-4310
Fax:  (206) 223-1702
Toll-Free:  1-888-652-4310
WSBA #28840




_____________________________________________
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeanne Dawes
Sent: Wednesday, August 26, 2015 3:36 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com)'; wanaela at mycommunities.naela.org
Subject: [WSBAPT] Will signing under RCW 11.92.140


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.

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