[WSBAPT] Inmate Heir - POA

[Anna Cashman]

Just because a person is incarcerated, it does not make them incapacitated.  There is no need to appoint a GAL.  You can send legal mail to an inmate and have them sign a TEDRA or any other legal documents.  I think it would be easier for the incarcerated beneficiary to sign a TEDRA than to sign a DPA before a notary.

Anna

Anna M. Cashman
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Tel (206) 382-4414 ext. 234 / Fax (206) 382-4412 / acashman at khbblaw.com<mailto:acashman at khbblaw.com>
705 Second Avenue / Suite 800 / Seattle, WA 98104 / www.khbblaw.com<http://www.khbblaw.com/>



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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