[WSBAPT] Daughter now resides in OR and owns real estate

[Philip N. Jones]

I think that page on the OSB website is a bit of an overstatement.  I can look up the laws of a foreign state or foreign country and advise a client, without holding  myself out to being an attorney within those jurisdictions.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Elizabeth Bateman
Sent: Monday, February 03, 2020 4:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

I’m not sure I agree.  I think drafting a will or other legal documents for an Oregon resident that will likely be executed in Oregon and be governed by Oregon law is unauthorized practice of law:  https://www.osbar.org/upl/index.html  (Unless, of course, you are licensed there.)

I would suggest you reconsider doing so.

Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Ave., Suite 2525
Seattle, WA 98104
Tel: (206) 224-0900
Fax: (206) 467-8028
Website: www.batemanlawgroup.com<http://www.batemanlawgroup.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Philip N. Jones
Sent: Monday, February 3, 2020 3:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

You can draft a will for your daughter in Washington, or in Bezerkistan, if you feel competent to do so.  You are not practicing law in either of those jurisdictions simply by doing such a will.
You can even ethically leave yourself a bequest, since she is related to you.
But if the disposition is unnatural (somebody is getting cut out), or if you are uncertain about your knowledge of Oregon law, you would be better off referring it to an Oregon attorney.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Tom Westbrook
Sent: Monday, February 03, 2020 3:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

Sure  you can draft it; just don’t witness or notarize it if you are a beneficiary or PR.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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Rodgers Kee Card & Strophy, P.S.
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Olympia, Washington  98502

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Monday, February 03, 2020 3:14 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Daughter now resides in OR and owns real estate

Can I in WA draft my daughter a Will?  [Image removed by sender. Cool]

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