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

Wed Oct 12 07:40:59 PDT 2022

Thanks Joshua

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Sent: Wednesday, October 12, 2022 6:35 AM
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

Nobody now can sign a correction deed for the decedent who is now dead and whose signature (by her or by another at her instruction) cannot be notarized. Her interest can only be dealt with under statutes relevant to decedents’ estates: trust, will, etc.

That said, it may be acceptable (and John's vote counts triple on this point!) to have the notary hand write the relevant phrase on the face of the deeds (and other documents) in the notary block and maybe initial it. (I'm not aware that a notary cannot correct his or her own notary certificate after the fact. You might check the WACs.)

Then you may be golden IF the title company accepts that the underlying trust is valid (which is apart from the will's issues).

Note that all these documents were signed by husband merely as "a person instructed by the signer" and not as an agent under her POA. That eliminates any potential problem with the "possibly conflicted signature" on the POA itself; because the POA is irrelevant now.

So, if the notary can now in handwriting correct the various documents' certificates, you may have a valid trust and deeds to trust, and then just an intestate estate that owns the account discovered after death. If that account qualifies for a small estate affidavit, you might have your solution; or letters of administration should do the trick.

Good luck! Best, Josh

Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

www.mckarcherlaw.com<http://www.mckarcherlaw.com/>

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of michael westseattleattorney.com <michael at westseattleattorney.com>
Sent: Wednesday, October 12, 2022 6:34 AM
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

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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