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

[Heather de Vrieze]

If the Power of Attorney allows it, this might fly, I would talk the clients out of it. Probate is so easy, if the house will need to be sold upon mom’s death anyway, why have four sellers when you can have one (the Personal Representative)?

Also the Personal Representative will have exemptions from normal seller disclosures and the liability that comes with that.

Finally, the TODD does not address any contingencies. What if one child dies before mom, or simultaneously. Not likely perhaps, but life is nothing if not full of surprises.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7675E.92D09950]
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/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm’s website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.


CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Gellner
Sent: Tuesday, June 22, 2021 10:54 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] CO-ATTYS-IN-FACT AND TOD DEED

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

NOTICE:  The contents of this message, including any attachments, may be protected by attorney-client privilege, the work product doctrine or other applicable legal protections.  If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message.  Thank you for your cooperation.

CLIENT ADVISORY:  A spam filter is in use in our IT system.  If you have not received a reply to an e-mail message within 48 hours, please call or leave a voice message for me.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210622/c29246a4/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210622/c29246a4/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210622/c29246a4/image002.png>