[WSBAPT] How to handle lack of attestation of witnesses

[JOYCE SCHWENSEN]

Thanks Jeanette. The Will is simple and leaves everything to the same people who would inherit if the estate were intestate. Do you think I can ethically ignore the Will and just file a Petition for determination of intestacy? Or is there an obligation to present the un-proven Will and try to prove it?

Joyce

Law Office of Joyce S. Schwensen
Joyce S. Schwensen, PS
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Seattle, WA  98125
Tel: (206) 367-1065
Fax: (206) 899-1674
Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com>
www.SchwensenLaw.com<http://www.schwensenlaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of J A Cyphers
Sent: Tuesday, September 24, 2019 3:00 PM
To: Probate List Serve <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] How to handle lack of attestation of witnesses

If the witnesses signed the will and you are just lacking the attestation, see 11.20.040.
Where one witness is dead but someone can attest to their handwriting and other facts, then Court may accept that.
For instance, attorney was a witness and he is deceased but his spouse or secretary is alive and can attest to his signature and practice of witnessing wills.
I have never had to do this where both witnesses were deceased.  I would think that is a lot trickier.
If everyone agrees, you might try a TEDRA agreement to admit the will.


Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com<mailto:jacyphers at gmail.com>

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-------Original Message-------

From: JOYCE SCHWENSEN<mailto:Joyce at schwensenlaw.com>
Date: 9/24/2019 2:34:10 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] How to handle lack of attestation of witnesses

I’d like some suggestions on the best way to approach the court with a Will that has no attestation of witnesses, and both witnesses are known to be deceased.

Thank you, Joyce Schwensen

Law Office of Joyce S. Schwensen
Joyce S. Schwensen, PS
12055 15th Ave NE
Seattle, WA  98125
Tel: (206) 367-1065
Fax: (206) 899-1674
Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com>
www.SchwensenLaw.com<http://www.schwensenlaw.com/>

PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.

CONFIDENTIALITY NOTICE:
This communication (including any attachments) is confidential and may contain legally privileged information. If you are not the intended recipient or believe that you may have received this communication in error, please delete this communication from your computer and do not retransmit, copy, print or otherwise disseminate this communication.
ATTORNEY-CLIENT RELATIONSHIP:
This e-mail does not in any way intend to provide legal advice to be relied upon by any recipient and does not create any duty or obligation for legal representation on behalf of the sender Joyce S. Schwensen, PS on behalf of the recipient of this e-mail without a written engagement agreement.
REFERRALS:
Please note that no referral by this law firm to other legal professionals is intended as a guaranty or assurance as to the experience, ability, professionalism or other characteristics of such legal professionals.



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