[WSBAPT] POA coordinated with RLT?

[John Creahan]

Hi Melissa,
My power of attorney form allows an attorney-in-fact to transfer assets to the principal's RLT, but, in general, the RLT's successor trustee - and not the principal's attorney-in-fact - would be responsible for handling the RLT assets. The attorney-in-fact might be able to use his or her powers to appoint a successor trustee if none is appointed under the RLT governing instrument.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


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>

NOTE:
1.  This office does not accept service of pleadings or process service by e-mail or fax except with the express prior permission of the intended recipient.
2. This email address is not monitored at all times. If your matter is urgent, please phone my office.
3.  Messages sent to or from my office via email are not encrypted and not secure.
4.  This email may contain confidential material protected by attorney/client privilege, and is intended for use solely by the above referenced recipient. Any review, copying, printing, disclosure, distribution, or other use is strictly prohibited and may be unlawful. If you are not the named recipient, or may have received this email in error, please reply to sender and delete the copy you received.
5.  This message does not provide any legal advice, or imply an attorney-client relationship, and does not contain the signature of the sender or any other party.  You are not a client of this law firm unless you have paid a retainer and signed an attorney/client agreement for representation on a particular matter.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170419/02d8bada/attachment.html>