[WSBAPT] Self proving affidavit/declaration - notarized?

Mon Oct 19 08:35:24 PDT 2015

Lean and Mean, eh?

So, I can have one person and myself act as the witnesses and use a
declaration form instead of the notarize affidavit?  Good.  Sometimes it is
not easy to get the second witness on site.

I learned something today.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Sun, Oct 18, 2015 at 1:55 PM, John J. Sullivan <sullaw at comcast.net>
wrote:

> I generally use declarations these days since our office is lean and mean.
> I haven't had a problem proving WA law in ancillary situations.
>
> I had an interesting situation last week - a will from 1960 that was
> labeled a copy, indicating the original was in the office of a now deceased
> attorney. But this was before Xerox machines, so the "copy" had original
> signatures in blue ink. Velategui accepted it as an original.
>
> John Sullivan
>
> Sent from my iPhone
>
> On Oct 18, 2015, at 1:19 PM, Douglas Bratt <djbratt at mbavancouverlaw.com>
> wrote:
>
> I have done both, given the Washington statute that equates a properly
> crafted Declaration as being legally equivalent to an Affidavit.  I always
> use the Affidavit if I am involved in having the client sign in the office
> where there are plenty of potential witnesses.  However, upon occasion,
> with disabled folks, or people in the hospital, to whom I travel, I often
> choose to use the Declaration, meaning that I only have to involve one
> neighbor, or a person from down the hall in the hospital, to have the
> necessary witnesses, assuming I am to be one of the witnesses.
>
>
>
> I can echo Martin’s concerns, however, if the will gets probated in
> another state.  It is not all that much trouble (at least for
> multi-attorney offices) to always have a couple of witnesses, along with me
> serving as a Notary, that I would think that would be the practical way to
> do it, with the least probable issues with the PR getting hassled in an
> out-of-state court, by a judge in whose state the Declaration form is not
> similarly accepted in lieu of an Affidavit.
>
>
>
> I simply would not habitually do it just one way, in any circumstance.
> Each case gets analyzed as to what works best for the convenience of the
> client, given his/her personal circumstances, and me, in getting the
> signing accomplished most economically, time-wise.
>
>
>
> Regards,
>
>
>
> Doug Bratt
>
>
>
> Douglas J. Bratt
>
> Lawyer
>
>
>
> [image: Envelope scaled Foster]
>
>
>
> Office: (360) 213-2040
>
>  Fax: (360) 213-2030
>
>
>
>
>
>
>
> CONFIDENTIALITY NOTICE:  This email message may contain confidential or
> privileged information.  If you have received this message by mistake,
> please do not review, disclose, copy, or distribute the email. Instead,
> please notify us immediately by replying to this message or telephoning
> us.  Thank you.
>
>
>
> NOTE:  I do not use encrypted email.  Messages sent to or from my office
> via email are not secure and may not be protected by attorney-client
> privilege.  This email address is not monitored at all times.  If your
> matter is urgent, please phone my office during regular business hours.
>
>
>
> TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if
> this communication or any attachment contains any tax advice, the advice is
> not intended to be used, and cannot be used, for the purpose of avoiding
> federal tax penalties. A taxpayer may rely on professional advice to avoid
> federal tax penalties only if the advice is reflected in a comprehensive
> tax opinion that conforms to stringent requirements. Please contact us if
> you have any questions about Circular 230 or would like to discuss our
> preparation of an opinion that conforms to these IRS rules.
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Martin Silver
> *Sent:* Friday, October 16, 2015 10:49 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Self proving affidavit/declaration - notarized?
>
>
>
> I haven't done a will in years, but my only concern was if the estate has
> to be probated in another jurisdiction, do you want to have to go through
> the rigmarole of proving up
> WA law.  So I went back to witness affidavits in most cases.
>
>
>
> *From:* Sherman Snow <sherman at shermansnowlaw.com>
>
> *Sent:* Friday, October 16, 2015 10:15 AM
>
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
>
> *Subject:* [WSBAPT] Self proving affidavit/declaration - notarized?
>
>
>
> Happy Friday –
>
>
>
> Just curious if any of you for your wills, for the self-proving affidavit,
> use a declaration without a notary?
>
>
>
> I have seen that to satisfy RCW 11.20.020 for a self-proving affidavit for
> a will, instead of the more traditional affidavit with two witness and a
> notary, just having a declaration with the two witness signatures. Pursuant
> to RCW 9A.72.085 the witnesses need to declare under penalty of perjury
> under the law of the State of Washington true and correct…, but it seems if
> this is satisfied, no notary is required for the affidavit.
>
>
>
> Has anyone used this regularly? Any problems in probate?
>
>
>
> Thanks so much,
>
>
>
> Sherman
>
>
>
>
>
>
>
> Snow Law PLLC
> (206) 659-2498
> 3703 S. Edmunds St. #104, Seattle WA 98118
>
> sherman at shermansnowlaw.com
>
>
>
>
> ------------------------------
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20151019/bc39318e/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 7197 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20151019/bc39318e/image003.jpg>