Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?
She lives in Sydney, NSW, Australia.
Is a US citizen and has a home in Mill Creek, WA.
Need a will.
How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?
A: Your mother can file her Last Will & Testament in Washington State under RCW CW 11.12.265 prior to her death. The cost is $20. Your mother or proper attorney-in-fact or guardian can withdraw that Will anytime with proper identification. Having it witnessed with two persons makes it legal, notarization makes it stronger but not more legal.
To create a valid will for your mother, you will need to follow the laws of both Australia and the state of Washington.
First, your mother should consult with an attorney in Australia to create a will that complies with Australian laws. This will ensure that her assets in Australia are distributed according to her wishes.
Second, your mother should consult with an attorney in Washington to create a separate will that complies with Washington state laws. This will ensure that her assets in the US are distributed according to her wishes.
It is important to note that having multiple wills may cause conflicts and confusion, so it is recommended to make sure both wills are consistent and do not contradict each other.
Regarding the notarization of the will, it will depend on the specific laws of each jurisdiction. Your mother should consult with the attorneys in both Australia and Washington to determine the proper notarization process for each will.
It is also important to keep the original copies of both wills in a safe place and make sure that your mother's designated executor(s) are aware of their responsibilities and have access to the wills.
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