[WSBAPT] Affidavit of Subscribing Witness

[Lovie Bernardi]

Ann,

The notary block had a blank where a date should have been. The will was executed in another state. I looked at the notary manual for that state, which said any blanks made the notarization ineffective. Fortunately, the attorney who drafted the will was one of the witnesses, and the notary was the mother of the other witness, so it was easy to find everyone. They were a bit sheepish.

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/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Diane J. Kiepe <DJKiepe at depdslaw.com>
Sent: Thursday, October 12, 2023 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Affidavit of Subscribing Witness


I have not had added language and have not had any pushback.





Diane J. Kiepe

Douglas Eden, P.S.

717 W. Sprague Ave., Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300



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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Cuellar
Sent: Thursday, October 12, 2023 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Affidavit of Subscribing Witness



I have added this verbage to my GR17 affidavit to cover electronic signatures and have yet to receive any pushback (knock on wood):



Electronically signed pursuant to Washington Supreme Court Order No. 25700-B-697 ¶16





On Thu, Oct 12, 2023 at 12:54 PM Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>> wrote:

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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/>

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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



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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/>



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