[WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>

[Heather deVrieze]

Jeff,

Do you not think as the drafter you would have at least as much likelihood of a conflict as a witness if there is litigation? I expect that as a drafter, witness or notary my role as witness would cause a conflict.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Wednesday, March 18, 2015 4:34 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>

I've always been concerned that, by being involved in any way (witness or notary) you will be assumed to have reviewed and advised the testator as to the contents.  For that reason, I typically decline.  I will only notarize Wills that I have drafted.

I generally do not act as a witness.  If you probate the Will, and there is estate litigation, you might be conflicted out as a witness.

If they don't want want to pay for your consult, it's kinda like bringing a fast food burger to a fancy restaurant and just ordering a soda to go with your meal.

My thoughts.

Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600<tel:%28509%29%20925-9600> tel.
(509) 925-9606<tel:%28509%29%20925-9606> fax

________________________________
Date: Wed, 18 Mar 2015 16:08:54 -0700
From: mailboxro at gmail.com<mailto:mailboxro at gmail.com>
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>
Members:

Do any of you use a general rule of thumb on this?  If any.

That is, do any of you have a rule AS THE ATTORNEY or AS "AN" ATTORNEY, not to sign as a witness?  or in the alternative "to do so" and sign as the attorney?

DIFFERENT SCENARIO:  What if someone simply walks through your door:  "Sir/Madam - I've got a will, and I just need a Notary and some witnesses to sign this"....... My take:  I'd be a bit hesitant, unless I 'knew' WHAT the will contained, if I or any of my Notary staff were to sign as witnesses.

Your thoughts?


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Victor Ro, Esq.
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