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

[michael westseattleattorney.com]

Thanks John,
So in this case, would you recommend that I draft a corrected Deed for recording with the words of the statute and have the Notary sign off on it?
Thanks for your help
Mike

[cid:f7c88dd7-6475-40d0-afd8-114eb1efefe2]
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Sent: Tuesday, October 11, 2022 4:10 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


That sounds like it may be insurable.  RCW 42.45.070 provides the mechanism for executing and notarizing such a deed.





John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>







Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00



WARNING-FRAUDULENT FUNDING INSTRUCTIONS

Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.





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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