Legal Question in Wills and Trusts in Washington

Re: directives

I'd like to clarify the previous response. There are many instructions that an individual may leave at his/her death. Distribution of assets, care of children, funeral arrangements, etc. However, it is TYPICALLY the case that funeral arrangements are NOT contained in a Last Will and Testament. I tend to include such arrangements in the Wills I draft but the majority of Wills do not contain such instructions. The reason is that often times -- most of the time -- the family plans and carries out funeral arrangements long before the Will is read. So in essence, the instructions are read after the remains are disposed of. Also, in Washington State cremation requires the approval of the spouse or majority of living children unless the decedent has left written instructions (or executed a contract with the funeral home). So.....your notarized statement may do the trick as far as cremation instructions. But you might want to consider executing a Will. Certainly anyone with real property, children, an unusual distribution plan or assets worth over $60,000 should consider executing a Will.

Re: directives

Kindest thing in the world is to leave instructions; then your survivors have the comfort of knowing what you want to have happen.

This can be accomplished as part of a simple will. A notary is not the mechanism that makes it official, however.

Each county in Washington has a Bar association that can refer you to an attorney who can assist you with drafting/formalizing a will. Many attorneys will come to you if that helps. Many are prepared to do this for a VERY modest fee - in Pierce County, I believe the going rate is $10.00.

Your idea is nice, but won't pass legal muster. A document drafted as you suggested won't be enforced by a court, and that is the test.

Good luck with this. Powell