[WSBAPT] Affidavit of Subscribing Witness

Thu Oct 12 12:45:34 PDT 2023

GR 30 governs “electronic signatures” and has provisions on what to do about signatures of non-attorneys. See GR 30(d)(2)<https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_30_00_00.pdfhttps:/www.courts.wa.gov/court_rules/pdf/GR/GA_GR_30_00_00.pdf> subsections (B), (C), and (E). It refers to documents signed “under penalty of perjury” and I assume that means both declarations and notarized affidavits.

I agree with Mark though—I routinely ask for the wet ink to be mailed to me for my file.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Thursday, October 12, 2023 11:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Affidavit of Subscribing Witness

It does not look like GR 17 actually covers scanned documents sent by email (in addition to fax).  Should someone be proposing a rule change?

I always ask an affiant/declarant to send me their original "wet ink" signed affidavit/declaration.  It may be slower, but it helps me control the process and the quality of the document if it is to be submitted/filed/recorded electronically.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Genissa Richardson
Sent: 10/12/2023 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Affidavit of Subscribing Witness

I believe GR17's for the scanned and emailed signatures should do the trick?
Genissa Richardson, Attorney at Law
True North Legal Services, PLLC
301 Prospect St., Bellingham, WA 98225
PO Box 934, Bellingham, WA 98227 (mailing address)
Phone (360) 639-3393
U.S. Coast Guard Veteran

NOTICE OF UNAVAILABILITY:
I am out of the office and unavailable the following dates:
December 22nd, 2023 - January 1st, 2024
January 17th - 29th, 2024

The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review, retransmission, distribution, reproduction or any action taken in reliance upon this message is strictly prohibited. If you received this in error, please contact the sender and delete the material from all computers.

On Wed, Oct 11, 2023 at 5:33 PM Lovie Bernardi <lovie at fb-lawfirm.com<mailto:lovie at fb-lawfirm.com>> wrote:
I have a will for admission to probate that has a defective notarization. I obtained affidavits from the two subscribing witnesses. Question (1)Do I send the affidavits with the original will? I will be filing the petition online and sending the will via messenger. I reviewed RCW 11.20.020(2) and it states:

In addition to the foregoing procedure for the proof of wills, any or all of the attesting witnesses to a will may, at the request of the testator or, after his or her decease, at the request of the executor or any person interested under it, make an affidavit before any person authorized to administer oaths, stating such facts as they would be required to testify to in court to prove such will, which affidavit may be written on the will or may be affixed or logically associated with the will or a photographic copy of the will or an electronic will.

I'm thinking I will attach the two affidavits, along with the court certifications, with a paper clip to the will. Question (2)The out of state witnesses scanned and emailed the affidavits. Is that sufficient, or should I have them mail me the original affidavits?

Thanks for your thoughts

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

**********
This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or otherwise have received this message in error, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you are not the intended recipient or otherwise have received this message in error, please notify us immediately by e-mail, discard any paper copies and delete all electronic files of the message.  Circular 230 Notice:  This communication may not be used by you or any other person or entity for the purpose of avoiding any federal tax penalties.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231012/b2458b59/attachment.html>