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Last week he was able to tell me the details of his will. We hired an attorney to prepare the will. He is now unable to sign the will. What options do we have. I am only a friend and not a relative. Any guidance would be appreciated.
Seek legal advice from an attorney. Is he unable to sign because of a hand problem or mental issue? I would think an attorney would be the only one to guide you on this kind of thing.
If he is not mentally competent, then he will not be able to sign the will unfortunately. One is declaring that they are of sound mind, so if that isn't so, then the will is not legitimate. If they are unable to sign because of physical impairment, then a video of the process should do fine. I would seek the advice of the attorney who prepared the will.
If your friend's physical condition has deteriorated since the attorney began preparing the will and your friend can no longer sign, please speak to the attorney about what to do that could make the will legitimate. Does the will have anything in it that is out of the ordinary?
My mom had vascular dementia & could no longer sign. She was able to make an x and the notary said that was good enough because he witnessed her sign it & that was her signature & perfectly legal.
Debbie - the "we" part in your post is somewhat troubling to me. His will is NOT a "we" but has to be his intentions, his choices. Hiring an atty is not a "we" project. So did he meet with & hire the atty on his own and go over details and now a week later he cannot sign, OR did you do this without him and now he needs to actually go to the atty office meet with atty & sign & with witnesses and cannot and you are looking for a way around to get a will done?
If its the latter, his family & or heirs will probably easily be able to ask probate court to have any will filed to be invalid & request either a dependent administration to be done (court appoints executor) or to have him considered to have died intestate with a lineal heirship to be done. If you benefit in any way from the "will", expect you will have to hire your own probate atty to do litigation on your behalf in probate court. If its a lineal heirship, you have no position as a heir.
If your doing all this as a gracious gesture to help him with nothing to your benefit, I'd suggest you ask the original atty to look into court appointed guardianship or contacting his family. If you pay the costs on any of this, consider it a final gift from you to your friend.
Yeah, it would be seen as suspicious if a person with declining faculties changes a Will near the time of death or incompetence disinheriting natural heirs. It's presumed that we want to provide to our heirs and if not, then, it might be grounds to contest it. An attorney would be able to address that though, if it's proper and all is above board.
If he is having a health crisis that caused him to feel a need to write a Will then perhaps his memory problems will improve with treatment. If he has periods when he is more lucid he may still be able to sign the document if the lawyer determines that he comprehends what is in it at that time.
I would suggest You have Your Attorney present when Your Friend declares His instructions on how the will should be carried out, and once that will is drafted to the letter Your Friend might make His mark with The Attorney present, and is it one or two Witnesses.
Get a notarized statement from the doctor of incompetence. Can he do an X mark? If no forget this as he lacks competence.. Secure two witnesses and have the document notarized. File this document with the Recorder of Deeds.
My brother-in-law was paralyzed, but was mentally competent. His attorney, who was an elder law specialist, prepared his will and whatever documents were required. I took the will to BIL's nursing home room, where we met with BIL's financial advisor and his wife. Financial advisor made sure with BIL that the will was in accordance with BIL's wishes. Witnesses signed (not me, as I was a beneficiary), and it was notarized by the NH's notary. The attorney who prepared the will should be able to guide you on all this.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If your friend's physical condition has deteriorated since the attorney began preparing the will and your friend can no longer sign, please speak to the attorney about what to do that could make the will legitimate. Does the will have anything in it that is out of the ordinary?
If its the latter, his family & or heirs will probably easily be able to ask probate court to have any will filed to be invalid & request either a dependent administration to be done (court appoints executor) or to have him considered to have died intestate with a lineal heirship to be done. If you benefit in any way from the "will", expect you will have to hire your own probate atty to do litigation on your behalf in probate court. If its a lineal heirship, you have no position as a heir.
If your doing all this as a gracious gesture to help him with nothing to your benefit, I'd suggest you ask the original atty to look into court appointed guardianship or contacting his family. If you pay the costs on any of this, consider it a final gift from you to your friend.
Can he do an X mark? If no forget this as he lacks competence..
Secure two witnesses and have the document notarized.
File this document with the Recorder of Deeds.