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

[Jane Bitz]

I almost always act as the Notary on the Wills that I prepare for my clients. I have acted as a witness if the client is unable to come to my office. In that case, my assistant and I go to the client and witness his or her signature, then return to the office and sign a separate self-proving affidavit, notarized by another person in our office.

I was called by some neighbors/friends once because they had some paperwork they wanted notarized and I went to their home and found that the “paperwork” was DPOAs and Wills that they had created using online software. I went ahead with the notarization, but sent out a letter stating that I had not reviewed the Wills or DPOAs, did not know the contents of the documents and by notarizing, I simply confirmed their identities and signatures and those of the witnesses. I have regretted that one ever since, except they have the easiest estate plan ever, lifelong marriage with one kid.

Jane Bitz.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, March 18, 2015 4:35 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>

I generally sign as one of the witnesses on Wills I prepare.

I almost never notarize or witness wills (or allow my staff to) if I did not prepare them. That said, I had a woman come to my office in the last month needing such a service because she was in Seattle for the time being, though domiciled in another state and her attorney in the other state had prepared documents and sent them here for signing because it was important to get them executed right away. I helped her and obtained a waiver from her acknowledging that while my firm was providing this service I did not know what the documents said or whether or not they were sufficient because I was only verifying her identity and serving as witness/notary for her.

Heather


Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Victor R
Sent: Wednesday, March 18, 2015 4:09 PM
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?


--

Victor Ro, Esq.
THE RO FIRM, P.S.C.
A Professional Services Corporation
5400 Carillon Point
Bldg. 5000, 4th Floor
Kirkland, WA 98033
Tel:  (206) 319-7072
Fax: (206) 319-4470
This communication is CONFIDENTIAL - ATTORNEY WORK PRODUCT - PRIVILEGED.  You are responsible for any damages arising in any way from its use.  Do not construe this correspondence or contents, thereof, as legal advice or as an engagement between an attorney and client.  If you received this communication in error, delete it immediately and permanently from all existing files.  NOTICE and PROHIBITION:  Do not copy, transmit, retransmit, distribute, or disclose this information contained, herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150318/0521075b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150318/0521075b/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 7560 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150318/0521075b/image002.png>