[WSBAPT] Signature on small estate affidavit by "X" mark

Wed Sep 13 13:12:11 PDT 2023

Thank you all.  I will fight back and tell the insurer they accept the mark X or I will be making motion for them to pay the fees/costs to get a court order.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals selina at glgmail.com<mailto:selina at glgmail.com> or elle at glgmail.com<mailto:elle at glgmail.com>.  My legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Co-counsel Anna Thompson can be reached at anna at glgmail.com<mailto:anna at glgmail.com>.

LICENSED IN WASHINGTON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Wednesday, September 13, 2023 12:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Signature on small estate affidavit by "X" mark

Here is some analysis I provided to a bank recently:

Under Washington's Revised Uniform Law on Notarial Acts at RCW 42.45.010(8), a "notarial act" includes witnessing or attesting a signature.  Under Subsection (14) of that same statute to "sign" means, with a present intent to authenticate or adopt a record, "to execute or adopt a tangible symbol."  Under Subsection 15 of that same statute, a "signature" means a tangible symbol or electronic signature that evidences the signing of a record.  RCW 42.45.040 requires an individual executing a "signature" to appear personally before the notarial officer. Under RCW 42.45.080(2), the signature and title of an individual authorized to perform a notarial act in Washington is prima facie evidence that the signature is genuine and that the individual holds the designated title.  Under RCW 42.45.130(1) a notarial act must be evidenced by a certificate complying with the subsections therein.

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 Dalynne Singleton
Sent: Wednesday, September 13, 2023 12:08 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Signature on small estate affidavit by "X" mark

I have an estate under 100k and it qualifies for a small estate affidavit.
The insurer to pay monies (under 100k) in settlement is refusing to allow the X on the small estate affidavit even though it has been notarized.
For the life of me, I can't find any reference to an X mark for signature in the WACs or RCWs which don't relate to voting or real estate transactions.

Anyone have this issue and resolved it short of having to file probate?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals selina at glgmail.com<mailto:selina at glgmail.com> or elle at glgmail.com<mailto:elle at glgmail.com>.  My legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Co-counsel Anna Thompson can be reached at anna at glgmail.com<mailto:anna at glgmail.com>.

LICENSED IN WASHINGTON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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