[WSBAPT] How to handle lack of attestation of witnesses

[Jamia Burns]

I have had this scenario and I brought in obituaries found online for both
witnesses. The judge accepted that and approved the Will.

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Tue, Sep 24, 2019, 3:23 PM JOYCE SCHWENSEN <Joyce at schwensenlaw.com>
wrote:

> The witnessed signed, but they did not complete a self-proving affidavit.
>
>
>
>
>
>
>
> *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
>
> 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
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> *ATTORNEY-CLIENT RELATIONSHIP: *This e-mail does not in any way intend to
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> 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
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, September 24, 2019 2:49 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* Re: [WSBAPT] How to handle lack of attestation of witnesses
>
>
>
> If the witnesses didn't sign, how can you know they were witnesses to the
> Will? I think that's no good, unprovable.
>
>
>
> To make a Will valid, the witnesses absolutely must sign "while in the
> presence of the testator and at the testator's direction or request." RCW
> 11.12.020 <https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>. With
> the alleged witnesses deceased, I don't see any way around it.
>
>
>
> Only alternative I can think of is a TEDRA agreement between all heirs and
> Will beneficiaries, agreeing that the Will reflects the true intent of the
> testator and agreeing that it is valid and should be followed.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *JOYCE SCHWENSEN
> *Sent:* Tuesday, September 24, 2019 2:30 PM
> *To:* 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
>
> 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.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
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