[WSBAPT] How to handle lack of attestation of witnesses

[Melinda]

If intestate is same result it would be simpler (read less expensive to your client) to go that route.  Only issue might be if heirs dont agree on who should be PR ...

Melinda

Misspelled from my iPhone, which spells as it pleases and is not grammar correctly.

Law Office of Melinda K Grout
PO Box 1360
Monroe, WA 98272
(360) 794-4322. Tel
(425) 744-6745. Fax

Notice:  This message is intended only for the addressee, and may contain confidential and/or privileged information.  If you are not the intended recipient, it is too late to stop reading, but please do not use it for any improper purpose.



> On Sep 24, 2019, at 3:35 PM, Jamia Burns <jamia at jamiaburnslaw.com> wrote:
> 
> 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
>> 
>>  
>> 
>> 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.
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>> 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.
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>> 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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>>  
>> 
>> 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. 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] 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
>> 
>>  
>> 
>> 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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