[WSBAPT] Questionable Affidavit of Will Witnesses

[Ms. Roberta Armstrong]

Good Sunday Morning…



Dad died December 2015 leaving a two-page will signed March 2014. Basically
the will disinherits my clients (Son1 and Son2) and leaves Dad’s estate to
the children of Daughter and Son3. The Attorney who drafted the will is the
nephew of Dad.



The Attorney opened probate with the two-page will signed by Dad. Some days
later he then again files the two-page will, but now it has two separately
signed notarized Affidavit of Witness. One affidavit is signed by Attorney
and the other affidavit is signed by Attorney’s wife. Also the two-page
will filed the second time has a handwritten correction to the spelling of
Daughter’s name. The first will filed did not have any marks.



This paragraph is included in the will:



*2. Heirs. My four living children are Daughter, Son1, Son3, and Son2. I
specifically disinherit any other person claiming as an heir. I am giving
property to my grandchildren, through this will.*



However, he only gives property to three of his grandchildren (children of
Daughter and Son3, total of 3 grandchildren). Dad had a total of 18 living
grandchildren at the time of making his will.



For valid reasons my clients seek to contest the will. Dad’s estate is
worth close to a million dollars.



My investigation reveals Attorney was disciplined by the State Bar in 2010
for changing a contingency fee agreement from X to Y, i.e. changing a legal
document without client approval and a host of other violations. Arguably,
similar to the change of Dad’s will (handwritten correction of the spelling
of Daughter’s name) which Attorney admitted to doing, but claims it was
done prior to signing although there is no initials by Dad next to the
change.



Also the affidavits signed by the Attorney and his wife are very suspicious
in that when the two documents are held on top of each other up to a light
the notary stamp is in exact same spot on both documents. It’s highly
unlikely that a notary would perfectly stamp two separate documents in an
identical spot.



I’m attempt to challenge the will on two theories: (1) improper will
execution and (2) lack of testamentary capacity.



For the improper will execution, it is believed that Attorney may have
simply forgot to have the required witnesses sign the will during
execution. And further potentially attempted to correct the mistake by
making the Affidavits afterwards. I have reached out to the notary and in
questioning him about his notary practices I found him to be a hostile
older gentleman so have backed off. I did find out that he did not keep a
notary book back in 2014 and has no recollection of the event.



For the lack of testamentary capacity, it is clear in the will that Dad
tried to give away by will what he had already given away prior to signing
(he gave away his land interest by gift deed to the three grandchildren
stated above – the most valuable property in his estate). Further, we have
found that Dad had four other children by two different women prior to
the woman for the four living children mentioned above. I’m still
investigating the relationship Dad had with his older children; however, it
appears that Dad did not care for the children during his life. But it is
common knowledge within the family that Dad had these other kids.



My questions are numerous, but I am interested in a “smoke gun” approach.
And I think it lies with the notary and Dad’s other children.



   1.

   Does anyone have any suggestion on contacting this notary and question
   him about the Affidavits? This case is in a small town of about 2400
   people, so I imagine everyone is connected in some way and being the new
   girl on the block may make getting information from him difficult, as I
   have already experienced.
   2.

   What’s the legal argument(s) in paragraph 2. Heirs. *My four living
   children are Daughter, Son1, Son3, and Son2. **I specifically disinherit
   any other person claiming as an heir. I am giving property to my
   grandchildren, through this will.* The order of the two sentences are
   problematic. First he names his four living children, then he disinherits
   everyone else, but then he give to his grandchildren… aren’t they already
   disinherited by the second sentence…? And if not, would grandchildren be a
   class as of the date of the will (i.e. 18 grandchildren), not the three he
   list in subsequent paragraphs…?

Thank you in advance, I realize this is a long email on a Sunday morning
but would love to get others input.

Roberta

-- 
*Creator of the first on-line Indian Will Production System - CHECK OUT *
*www.NativeWill.org* <http://www.nativewill.org/>

*Ms. Roberta Armstrong*

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

*a Non-Profit Professional Service Corporation               *

P O Box 2248

Yelm, WA  98597



425.737.5448 | Direct

866.227.6651 | Fax



Roberta at IndianWillsOnWheels.org
www.IndianWillsOnWheels.org

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