Legal Question in Wills and Trusts in Washington

Can an attorney retained to represent a deceased party's estate in probate legally choose not to honor or recognize a notarized document that makes changes to a will and gives instructions to the will? The notarized document is dated (2022) after the date of the will (2019).


Asked on 11/30/23, 12:49 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

The lawyer for the estate is only allowed to follow instructions included in documents which have been submitted to the probate court and approved by the probate judge. The notarized letter does not have any legal effect unless the judge says it does, and so the lawyer cannot take notice of the notarized letter. The judge has to look at the document and make a determination as to whether or not it is legal; just because you say it is legitimate does not mean it is. Only the judge can say that.

Good luck.

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Answered on 12/01/23, 12:30 pm


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