[WSBAPT] Legitimizing Unsigned Copies

[Brent Williams-Ruth]

I am interesting in following along with this - as one of the core
rationale for having something witnesses is that they are attesting to the
fact that the witness ascribed a mark. In every election I am reminded that
a simple mark (such as an X) is sufficient as a signature if there are
witness signatures.

I would absolutely make this argument to open probate.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

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On Mon, Mar 14, 2022 at 12:35 PM David Faber <david at faberfeinson.com> wrote:

> C's (F)ather died leaving assets ostensibly in a trust with a pourover
> Will but the copies of those documents in C's possession are unsigned
> copies (or are copies that have "/s/" written on the line for F's signature
> but with signatures from the Notary (Trust) and witnesses (Will)). The
> copies also state that the originals are with the attorney's office, but
> when C finally tracked down the attorney they said that they did not keep
> the originals, instead sending the originals home with F.
>
> Now we are in a situation where we need to legitimize the photocopies. I
> have done this with photocopies that showed a decedent's photocopied
> signature but never done so with a copy that had "/s/" on a decedent's
> signature line. We will need to probate the estate to transfer some assets
> to the Trust to complete the administration, and I do not want to proceed
> without first getting a sense from colleagues whether they've seen a
> Superior Court Judge find "/s/" as sufficient substitute on an otherwise
> witnessed document when trying to legitimate a photocopy under 11.20.070?
>
> Partly, all we can do is try our best by alleging facts to the judge, but
> I would prefer to go into this with some idea whether this has been
> successful in the past. Thank you!
>
> Best,
> David J. Faber
> Faber Feinson PLLC
> 800 Polk Street, Suite B
> Port Townsend, WA 98368
> (360) 379-4110
>
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