[WSBAPT] Half-Baked Will

[Amy Goertz]

My take on it would be that since the spouse pre-deceased, the survival requirement of twenty days has not been met and thus it sounds like the decedent will be treated as intestate since there is no clause that address the issue of what happens if the spouse does not meet the survival requirement.

The estate passes to decedent’s intestate heirs, not the spouse’s estate.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
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Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







> On Dec 21, 2023, at 9:23 AM, <Jeff at bellanddavispllc.com> <Jeff at bellanddavispllc.com> wrote:
> 
> Listmates:
>  
> In front of me is a Will that I am told was prepared by a lawyer (unnamed).  It leaves everything to the spouse, who predeceased the testator.  No reference to what happens if spouse predeceases, although in the general terms it mentions that survivorship is twenty days and gives a general definition of right of representation.  Will is signed.  However the witness attestation provision is this:
>  
> We, the undersigned, certify that on this date the Testator, ____, signed the foregoing
> Document as and for the Testator’s Last Will and Testament in our presence, and that we,
> at the Testator’s request, in the Testator’s presence and in the presence of each other, have 
> signed our names hereto as subscribing witnesses.
>  
> Dated at ________, Washington, this ___ day of _______, 2023.
>  
> Nothing is notarized.  First question, I assume the entire estate goes to the predeceased spouses estate.  Am I wrong?  Second,  I believe I can fix the attestation clause by having the witnesses signing a new one that is more complete, provided I can find them in a very large city in Snohomish County.  We do new attestation clauses for lost Wills, is there anything wrong with fixing the old one?
>  
> Jeff Davis
>  
> W. Jeff Davis
> BELL & DAVIS PLLC
> Attorneys at Law
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
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