[WSBAPT] Personal Representatives and Powers of Attorney

Heather deVrieze heatherd at westseattlelaw.com
Fri May 22 16:57:31 PDT 2015


Jennifer,

I believe your assessment is correct. I don't see any authority for such delegation, and have had it come up in the past and never been allowed by title companies, etc.

Heather

Heather S. de Vrieze
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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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