[WSBAPT] Will Signed by Agent

Tue Jan 21 14:31:42 PST 2025

Thanks Eric and Brent,

I had the statute pulled up for how one signs the Will for another and reviewed it directly with the language in the Will.  It did not say the person was signing in the presence of and at the direction of the testatrix.  No matter how I turned it I could not push a square peg into a round hole.  I told the PC to not even try to probate the Will.  No Judge would admit it.  Also, there is an estranged child who knew mother had died, had already called APS on the PC (which case was closed without anything).  However, that child would easily challenge the Will if admitted to probate.  

Jeff

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, January 21, 2025 9:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will Signed by Agent

As someone who does hospital visits and those who are truly near the end of life....after conducting my own competency analysis.....I frequently will utilize the permissions under RCW 42.45.070 to have someone else sign, but I make sure to follow the statute by including the language requested.   I add, however, my own additional requirement that the person signing follow the same rules as to who can be a witness, specifically no one that is in the Will itself....simply because, as Eric said - not a good look. 

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063 

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com <mailto:info at williams-ruthlaw.com> 

e-mail <mailto:Brent at Williams-RuthLaw.com>  / website <http://www.williams-ruthlaw.com/>  /  <http://www.facebook.com/bwrlaw> facebook / 

On Tue, Jan 21, 2025 at 9:12 AM Eric Nelsen <eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com> > wrote:

Not a good look, is it? But it might be valid nevertheless, if the Agent signed for Testatrix at Testatrix’s direction, in the presence of two witnesses, and Testatrix asked the witnesses to attest to the proxy signature. See RCW 11.12.020:

every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020> 11.20.020(2), while in the presence or electronic presence of the testator and at the testator's direction or request.

The key testimony is by the witnesses, rather than the Agent. The Agent’s DPA is meaningless in this context, of course; it is the ritual of signing before witnesses that determines whether the will is valid.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

 <mailto:eric at sayrelawoffices.com> 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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Monday, January 20, 2025 12:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Will Signed by Agent

Listmates:

First time to see this.  Testatrix dies one day after her Agent, under a durable power of attorney, signs her Will as her Agent.  Agent also gets everything.  Don’t think I would even try presenting it to the Court for fear of the laughter.

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

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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