[WSBAPT] Do we even need a notary for a Will signing?

[John J. Sullivan, Esq.]

Yes. There was some initial confusion on the part of one of the judicial
officers in Ex Parte in Seattle. But the consensus has formed that RCW
9A.72.085 remains effective until July 1, 2021.

 

So we can still make our Wills "self-proving" with Declarations. But we do
need a Notary for powers of attorney now. 

 

And there remains the dilemma of how to have witnessing in the era of social
distancing. 

 

John J. Sullivan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Doris Eslinger
Sent: Wednesday, March 25, 2020 4:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Do we even need a notary for a Will signing?

 

That's what I do and I haven't had any problem getting Letters Testamentary.
I opened two probates in King County without any issue last week.  In each
case, the Wills (4 Wills in total for two couples) were witnessed by two
witnesses without notary.   

 

Regards, 

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC 
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

Fax: (425) 633-2468 |  <mailto:doris at eslingerlawoffice.com>
doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/>
eslingerlawoffice.com  

----------------------------------------------------------------------------
------------------------


This message and its attachments are intended only for the addressee.
Please do not forward this message to others without permission.  The
information contained in this message is privileged, confidential, and
protected by the attorney-client or attorney work product privileges.
Unauthorized forwarding, printing, copying, distribution, disclosure or use
of such information is strictly prohibited.  If you are not the addressee,
please promptly delete this message and notify the sender of the delivery
error by return e-mail or you may call our office at (425) 451-3237. Nothing
in this message should be interpreted as a digital or electronic signature
that can be used to authenticate a contract or other legal document.

 

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 Jared E. Adams
Sent: Wednesday, March 25, 2020 11:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Do we even need a notary for a Will signing?

 

For witnessing Wills, can't we still use an unsworn statement of the
witnesses under RCW 9A.72.085? Isn't that statute still effective until July
1, 2021?

 

 

Jared E. Adams, JD, LL.M.

 

Condie & Adams, PLLC
611 4th Avenue, Suite A
Kirkland, WA  98033
(voice):  (425) 450-1040 
(fax):  (425) 450-1041

(email):  <mailto:jared at condieadams.com> jared at condieadams.com

(web):
<https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.condie
adams.com%2F&data=02%7C01%7C%7Ca09bd5f5c00f4264c2fa08d7d05b8464%7C84df9e7fe9
f640afb435aaaaaaaaaaaa%7C1%7C0%7C637206964097015431&sdata=qTezNhPSnwModU9QXG
TQlsQxrgDNmarmLlFaKl4W7g8%3D&reserved=0> www.condieadams.com

 

Unless otherwise expressly indicated, any federal tax advice contained in
this communication, including attachments and enclosures, is not intended or
written to be used, and may not be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matters addressed
herein.

 

PLEASE READ THIS ENTIRE DISCLAIMER 

This message is from the Law Office of CONDIE & ADAMS, PLLC, and is intended
only for the addressee.  The information contained in this message is
privileged, confidential, and protected by the attorney-client or attorney
work product privileges.  Unauthorized forwarding, printing, copying,
distribution, disclosure or use of such information is strictly prohibited.
If you are not the addressee, please promptly delete this message and notify
the sender of the delivery error by return e-mail or you may call our office
at (425) 450-1040. Nothing in this message should be interpreted as a
digital or electronic signature that can be used to authenticate a contract
or other legal document.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200326/0227c538/attachment.html>