[WSBAPT] Client signed estate docs for his dying spouse in front of notary but also was second witness

michael westseattleattorney.com michael at westseattleattorney.com
Tue Oct 11 14:52:29 PDT 2022


Help!
Client had me prepare  DPOAs , Pour over Wills, Revocable Trust and Deeds for himself and spouse. Spouse was dying and in hospital but otherwise competent. Client takes docs to hospital with notary but not a second witness. Spouse has mitts on hands so could not sign but Notary said that client could sign for him and put "with permission" next to signature on all docs. Valid?
Will is signed by client beneficiary as directed by spouse and witnessed by notary.
Client now says a financial account was found without a beneficiary so need to probate. Will court prove Will  or  since Decedent spouse had no other living relatives and client would take do probate via intestate?  But what about the recorded deeds?
Deeds to Trust are signed by client as directed by spouse and notarized - deeds are recorded .
Client needs to sell spouse's condo due to lack of funds. Will Title Co insure ?





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