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Can i attend my Grandmothers Will signing as she is hard of hearing ?

Usk, WA |

My Granmother is 87 and Hard of Hearing , I attended the first metting with her solicitor where she set out her requests, which her solicitor was more than happy with.
However, When it comes to the Signing part the solicitor say I cannot attend !
Is this correct ? Now if she has hearing issues then how can the solicitor speak to her alone ? I have No interest at all in what she has set out in her will as I'm NOT part of it other than Executor.
Please can you offer any reasons...... Thank You DAVE

Attorney Answers 3

Posted

You do not want to be there. The reason that you do not want to be there is because you don't want anyone to think that you unduly influenced her to sign this will. The will is her concern, not yours, and the formalities are critically important to WA courts.

The will is none of your concern until she has passed away and the will is admitted to probate for administration. At that point, *IF* you are a beneficiary you are entitled to know what it says, but not before then, under any circumstances.

The lawyer knows that if s/he has any communication difficulties with your grandmother to get assistance, but the assistance should NOT come from a potential beneficiary. He is protecting you, in a way.

Elizabeth Powell

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Posted

Thank you Elizabeth for your reply, Now I understand perfectly. You have been a great help. Very Best Regards DAVE

Posted

Dave~
I agree with Attorney Powell. It is all about protecting against claims of coercion and undue influence. If you are not a beneficiary, it is less likely that this would be an issue. But why leave it to chance? The lawyer should be able to communicate with your grandmother without you in the room.

Your grandmother is smart to take care of this. If she has not already done so, she should also sign durable power of attorney forms for health care and financial matters.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Thank You to James. More than Helpful. Best Regards DAVE

James P. Frederick

James P. Frederick

Posted

You are very welcome Dave! Best wishes to you and your grandmother!

Posted

Your grandmother and her attorney should be able to communicate with one another, even if you are not there. Your absence may prove valuable, if there is any chance that the will cold be contested. If you are there, your presence would be a "red flag" for undue influence. You may have been at the initial meeting, but you don't need to be at the document execution. The will, and your role as executor, have nothing to do with you until your grandmother passes away and you are either appointed the administrator or you are notified as a beneficiary.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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And Thank you Eric for your advice. Best Regards DAVE

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