[WSBAPT] Will Formalities - clients out of country

Mon Jul 25 11:33:42 PDT 2016

Wouldn’t they also need to check for the requirements of the state they are in at the time they sign, even if the Will says they reside in WA?  Or do they just have to meet WA requirements because they reside in WA?  I don’t know if other states have more demanding requirements, such as notarization, etc.

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206) 523-6116
kjm.inc at me.com

> On Jul 25, 2016, at 10:20 AM, G. (Gus) Benjamin Lindsey III <lindsey3 at gbl3law.com> wrote:
> 
> Thanks Lisa, Melinda, and Robert!
>  
>  
> Sincerely,
>  
> G. (Gus) Benjamin Lindsey III
> Attorney-at-Law
> <image001.png>
>  
> The Law Office of G. Benjamin Lindsey III
> 2012 Grade Road, Suite 202
> Lake Stevens, WA 98258
> Phone:   (425) 263-9585
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
> Sent: Monday, July 25, 2016 10:03 AM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Will Formalities - clients out of country
>  
> I have done what Melinda suggests with clients who are in WA but can’t come in for some reason (they live in the San Juans, for example).  Here is my cover letter language:
> ***********
> Enclosed are your original unsigned will and powers of attorney.  Here are signing instructions:
>  
> 1. Will: you initial and date at the bottom of pages one through three.  On page three, date and sign in the presence of two witnesses.  The witnesses then sign, including their addresses.  The witnesses also sign the Affidavit of Witnesses (attached to the will) in the presence of a notary public, who notarizes the affidavit.  
>  
> 2. Power of attorney regarding property:  Date and sign page four in front of a notary, who notarizes your signature.  The last page is for a physician to use if you become disabled.  
>  
> 3. Power of attorney for health care: You date and sign on page five in front of two witness and a notary public.  The witnesses sign and the notary notarizes your signature.  
>  
> Please let me know if you have questions.  I’d appreciate having copies (not originals) of the signed documents for my file.
> *****************
>  
> Lisa E. Schuchman
> 206-325-2801, ext. 104
> www.lisaschuchman.com <http://www.lisaschuchman.com/>
> 
> Do something for somebody every day for which you do not get paid. –Albert Schweitzer
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> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Melinda Grout
> Sent: Monday, July 25, 2016 9:20 AM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Will Formalities - clients out of country
>  
> Hi Gus, 
>  
> You can send them very clear, step-by-step instructions.  I would also create an expanded Declaration for the Witnesses (see attached for example), and also include a place at each statement for each witness to initial, to show that all involved were aware and doing it appropriately.
>  
> 
> Regards,
> 
> Melinda Grout
> Law Office of Melinda K Grout, PS
> 17325 W. Main Street / P.O. Box 1360
> Monroe, WA  98272
> 360-794-4322  / Fax: 425-744-6745
>  
> Emphasizing Estate Planning, Probate, and Elder Law
> mkgroutlaw.com <http://mkgroutlaw.com/>
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