[WSBAPT] POA coordinated with RLT?

Wed Apr 19 08:46:44 PDT 2017

Melinda,

These are the three general provisions I include in my DPOA. The two with initial lines in front are "optional" and require initials for that authority to be conferred.

Beneficial Interests. My Agent shall have authority with respect to estates, trusts, and other beneficial interests. (RCW 11.125.330)

           To create, amend, revoke or terminate an inter vivos trust;

           To cause a trustee to make distributions of property in trust under the same conditions that I could cause the trustee to make such distributions;

Note that 11.125.330 includes at (h), the authority to:
(h) Transfer an interest of the principal in real property, stocks, bonds, and financial instruments, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor, subject to the limitations in RCW 11.125.240<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.240>(1); and

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Tuesday, April 18, 2017 9:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] POA coordinated with RLT?

Does anyone include a provision in the DPOA of a client with a RLT along these lines? :

The Attorney in Fact shall have authority to exercise the rights reserved to the Principal as Grantor or Trustor of, and make transfers of the Principal's property, both real and personal, to, any trust created by the Principal of which the Principal is the primary beneficiary during the Principal's lifetime.

Would this be necessary for the AIF to be able to use the DPOA to handle assets funded in the RLT?

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com<http://mkgroutlaw.com>

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