[WSBAPT] Notary fails to affix seal.

[Eric Nelsen]

Notary stamp is a required part of the notarization per RCW 42.45.130(2)(a)-under current law, anyway. This is the new notary act, so I'm not sure about requirements under old law. I do know that under the old law, there were some "oaths" that notaries could take that didn't require a stamp, but I don't think that would include notarization of DPAs etc.

Interesting map showing which states require either an ink stamp, or an embosser, or neither:
https://notarypublicunderwriters.com/wp-content/uploads/2014/12/seal-requirements-maps.jpg

Older Washington law, you might check State v. Epstein, 138 Wash. 118, 244 P. 388 (1926); Melovitch v. City of Tacoma, 135 Wash. 533, 238 P. 563 (1925); Bloomingdale v. Weil, 29 Wash. 611, 70 P. 94 (1902).

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: Monday, December 16, 2019 3:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notary fails to affix seal.

Listmates,

Years ago an estate planning attorney created a Community Property Agreement, Wills, Durable Powers of Attorneys for Asset Management and Healthcare decisions.  This same attorney acted as notary.  Only the Wills contain the Notary seal on the self-proving affidavit.  Does a lack of the seal mean the Community Property Agreement can not be recorded; are the Powers of Attorney valid?

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191217/6dbce175/attachment.html>