[WSBAPT] Convert filed Will to Probate?

[Amy Goertz]

I agree, Roger - I would not even attempt to get it admitted as is. But my thought process at this point is that if the law firm that prepared the Will provided testimony from the preparer and the witnesses to say she signed several estate planning documents, intended to sign that one, but somehow missed that one signature line, I was hopeful that the court might consider accepting the initials at the bottom of the page as her signature and proof of her intent that this be her Last Will and Testament.

What do you think? Otherwise, we may have to bring a claim against the preparing law firm, since it seems pretty clear that she intended this to be her Will and now it is inadmissible.






Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







> On Feb 18, 2021, at 1:04 PM, Roger Hawkes <Roger at law-hawks.com> wrote:
> 
> Let us know if you get it admitted to probate; I bet on ‘not’.
>  
> Roger Hawkes, WSBA # 5173
> Hawkes Law Firm and Sultan Lawyers
> 19944 Ballinger Way NE, Shoreline, WA 98155 and
> 423 Main, Sultan, WA 98294
> 206 367 5000
> 360 799 6438
>  
> 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 Amy Goertz
> Sent: Thursday, February 18, 2021 8:34 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Convert filed Will to Probate?
>  
> Thank you to all who responded about converting the filed Will to a probate proceeding.
>  
> Thought I would share this update - I just received a copy of the Will from my new client and, guess what? It’s not signed!
>  
> The Will is dated, initialed, and witnessed but there is no signature. Further, the notary on the Affidavit of Witnesses is one of the witnesses.
>  
> This should be interesting ...
>  
>  
> <image001.gif>
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> 
>  
> Amy J. Goertz, J.D.
> Goertz & Lambrecht PLLC
> amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 
>  
> 1.888.926.2607 phone
> 1.877.684.1627 fax
> 
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203 
>  
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>  
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
>  
>  
>  
>  
> 
> 
> 
> 
> On Feb 16, 2021, at 6:37 PM, Dalynne Singleton <dalynne at glgmail.com <mailto:dalynne at glgmail.com>> wrote:
>  
> File a petition for testacy and court will admit the will if you prove certain aspects such as witnesses and signature.  The clerk will walk you through the process.
> Get Outlook for iOS <https://aka.ms/o0ukef>
> 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 Amy Goertz <amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com>>
> Sent: Tuesday, February 16, 2021 5:15 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Convert filed Will to Probate? 
>  
> Good afternoon -
>  
> I have a new case in which the named PR thought they could try doing the probate on their own, starting by filing the Will in Snohomish County.
>  
> Does anyone have a form or suggestion for getting the filed Will admitted to probate?
>  
>  
> <mail.gif> 
> Amy
> 
>  
> Amy J. Goertz, J.D.
> Goertz & Lambrecht PLLC
> amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 
>  
> 1.888.926.2607 phone
> 1.877.684.1627 fax
> 
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203 
>  
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>  
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
>  
>  
>  
>  
> 
> 
>  
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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