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Is a copy of a DPOA & Will valid and enforceable?

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CLJM

Member
What is the name of your state (only U.S. law)?
Washington State

A quick question, if you please.

Is a copy of a DPOA and Will valid and enforceable in the state of Washington.

I do understand the DPOA ceases at the time of death.

Thank you so kindly.
 


anteater

Senior Member
"...proved by clear, cogent, and convincing evidence..."

RCW 11.20.070
Proof of lost or destroyed will.

(1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.

(2) The provisions of a lost or destroyed will must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.

(3) When a lost or destroyed will is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.

No idea regarding a POA. But, since usually one is presenting a copy anyway...
 

nextwife

Senior Member
The will allows probate to be filed. There is a process, and creditors get paid before estate assets get distributed, even with a will. Additionally, a will does NOT bypass legal ownership rights. So, let's say I will your house to my child, the will is NOT enforceable as to that asset. Thus if I own my house as joint tenants with my husband, he legally owns it upon my death and I CANNOT will away his rights.
 
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CLJM

Member
Thanks so much Anteater and Nextwife for your answers.....

Problem solved..... The originals have been found !
 

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