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

Tue Oct 11 16:14:40 PDT 2022

Hi Eric, yes, I know but no facts are stated like by client , only "with permission".

 How about his signing the deed?  While he had also signed a DPOA at the time for the spouse, the DPOA was also signed with permission - any authority for an agent to sign the DPOA for and at the direction of Principal?

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Tuesday, October 11, 2022 3:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Client signed estate docs for his dying spouse in front of notary but also was second witness

On the the issue of another person signing for the testator at their direction, that can be valid:

RCW 11.12.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>

Requisites of wills—Foreign wills—Electronic presence.

(1) Except as provided in RCW 11.12.400<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.400> through 11.12.491<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.491>, every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020>(2), while in the presence or electronic presence of the testator and at the testator's direction or request: PROVIDED, That a last will and testament, executed in the mode prescribed by the law of the place where executed or of the testator's domicile, either at the time of the will's execution or at the time of the testator's death, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state. Any will executed by a testator and witnesses who are not in the same physical location but in the electronic presence of one another in accordance with this section may be executed, attested, or acknowledged in counterparts, which together shall be considered a single document.

(2) This section shall be applied to all wills, whenever executed, including those subject to pending probate proceedings.

RCW 11.12.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.030>

Signature of testator at his or her direction—Signature by mark.

Every person who shall sign the testator's or testatrix's name to any will by his or her direction shall subscribe his or her own name to such will and state that he or she subscribed the testator's name at his or her request: PROVIDED, That such signing and statement shall not be required if the testator shall evidence the approval of the signature so made at his or her request by making his or her mark on the will.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Tuesday, October 11, 2022 2:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Client signed estate docs for his dying spouse in front of notary but also was second witness

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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