Legal Question in Wills and Trusts in Washington

Will

Is my Iowa will, drawn up in 1990, valid in the state of Washington where I now reside.


Asked on 3/09/07, 9:45 pm

3 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Will

Mr. Steuart hit the nail on the head.

Wills can be really old and be OK; wills can be from other places and be just fine. Washington has a very simple probate code that an effectively drafted will can utilize to save expense and bother, so there might be a value to you to have your will reviewed.

Also, because of the Health Insurance Portability and Privacy Act (HIPPA), there is a lot to be said for a durable power of attorney and a health care directive to ensure that you are looked after with the same regard as your estate. HIPPA was enacted after 1990, and doesn't affect wills, but it sure makes it tougher for your family to communicate with your health care providers.

These two documents make that problem manageable. Frankly, you are more important than your stuff, and making sure that your loved ones can help you look after yourself makes a DPOA and a health care directive a very smart idea.

Hope this helps - Elizabeth Powell

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Answered on 3/10/07, 1:36 am
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Will

Here's an extra tip to analyze the will: Look at the witness page. Is your signature witnessed by at least two witnesses? I'm sure it is. But the bigger test is whether the witnesses' signatures were witnesses by a notary public -- so that in actuality you have the signatures of at least three individuals other than your own on your will and one of them is a notary with a seal. That is called a "self proving" will and simplifies probate that much more.

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Answered on 3/10/07, 12:46 pm
Christopher Steuart IT Forensics, Inc.

Re: Will

If the will conformed to Iowa law at the time that it was signed, it is valid in Washington. Not often that I get to comment on an issue relating to Iowa and Washington. (I went to law school in Iowa and did an internship in the Appanoose County Attorney's Office).

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Answered on 3/09/07, 10:06 pm


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