[WSBAPT] CO-ATTYS-IN-FACT AND TOD DEED

[Jennifer Gellner]

Hi All:

Can co-attorneys-in-fact under a Durable Power of Attorney do a transfer on death deed on behalf of their 100-year-old mother who has just moved into assisted living to avoid probate?  I did the Will and Durable POA in 2018, and she wants her estate divided equally to all 4 surviving children.  They told my receptionist they want to set up a trust to avoid probate 😊 and I wanted to make sure TOD deed is a possibility before I meet with them.

I wonder if attached the Durable POA to the recording will be sufficient?

Please advise.

Jennifer A. Gellner, LL.M.
Principal, Gellner Law Group
P: (425) 235-5535 │ Toll-Free: (877) 252-0738
E: jennifer at gellnerlawgroup.com<mailto:jennifer at gellnerlawgroup.com>
8407 S. 259th St. Suite 203, Kent, WA 98030
505 W. Riverside Ave., Suite 500, Spokane, WA 99201

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