[WSBAPT] Inmate Heir - POA

[Eric Nelsen]

A DPA should work—see powers listed in RCW 11.125.330<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.330> and RCW 11.125.340. Might be tough to get a DPA signed in prison though. If no notary is available, technically two witnesses would be enough per RCW 11.125.050(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.050>. And I don’t think I would want to be the attorney to draft the DPA unless I was actually retained by the imprisoned son and had an opportunity to advise him just how broad a standard DPA actually is—powers wouldn’t be limited to just settling the probate unless a special power of attorney was drafted for this one purpose.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Tuesday, January 12, 2021 10:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Inmate Heir - POA

Good morning -

I have a follow-up question to my inquiry the other day in which the potential client’s wife passed away in November, leaving two adult children (client’s stepchildren). One lives locally and the other is in prison.

Wife had no estate planning. She owned two rental properties prior to their relationship. Each property is worth about $200k with a $50k mortgage. One is assessed slightly more than the other (about $10k).

The statute provides that husband is entitled to one-half of these separate properties; the kids would then split the other half.

It seems like the easiest solution would be to reach a TEDRA agreement in which the husband takes one property and the kids split the other property.

The kids have proposed that the son in prison would sign a DPOA to name his sister as Agent/Attorney-in-fact to negotiate and sign paperwork. Is this a viable solution or do we have to have a GAL appointed to represent the incarcerated heir or is there another solution?

I appreciate any input or thought you might have on this novel-to-me situation.


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Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>







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