[WSBAPT] Personal Representatives and Powers of Attorney

[Lewis, Amy C.]

Jennifer,

                As long as the PR has nonintervention powers, then RCW 11.68.090(1) allows the PR to exercise the powers of a trustee under RCW 11.98 without court approval, and RCW 11.98.070(27) allows a trustee to delegate duties.  In rare cases when a PR or Trustee needs to delegate duties, I usually use a document titled "delegation" and cite to these statutes for clarity, but using a POA for this purpose might work.


Amy C. Lewis, Attorney

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ESTATE PLANNING & PROBATE

1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Friday, May 22, 2015 4:31 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Personal Representatives and Powers of Attorney

Good afternoon,

I am closing a real estate transaction in which the Seller is the personal representative of an estate.  The PR brought in a power of attorney today appointing his attorney as attorney in fact for the purpose of signing closing documents.  I didn't think that a PR could delegate duties by a power of attorney, at least not without a court order, but I don't do very many probates so I thought I'd check with you all to see what you know.  My quick review of the RCWs didn't turn up any info.

It is a non-intervention probate and there is no order filed in the probate case as of today.

I appreciate any insight someone may have on this!

Thank you,

Jennifer

Jennifer M. Johnson | Attorney
Hanigan Law Office, P.S.
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494

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