[WSBAPT] Execution Requirements of Living Trust

[Fern Herbert]

Sarah,

The Living Trust needs to be Notarized, but you also need to do a Last Will and Testament " aka a "Pour Over Will" with the Trust, and that requires two Witnesses as per state statute. Otherwise, the Trust will not be valid.



Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle


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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Sarah Duncan <sdunc at adamslawyers.com>
Sent: Friday, October 21, 2022 6:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Execution Requirements of Living Trust


I seem to recall that a Living Trust does not need to be witnessed or notarized to be effective.  But I cannot find anything in the RCWs that confirms my recollection?   I have a client in hospital who needs to execute her Living Trust this weekend, and she is having difficulty finding a mobile notary.



Can anyone confirm this for me?



Thanks,

Sarah E. Duncan

ADAMS & DUNCAN, INC., P.S.

3128 Colby Avenue

Everett, WA 98201

Tel:  (425) 339-8556

Office Fax:  (425) 339-2353

Direct Fax:  (425) 740-3323

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


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