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

[John McCrady]

It would indeed depend on the language of the POA; I would talk to a title company in the county where the property is located.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, June 22, 2021 2:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] CO-ATTYS-IN-FACT AND TOD DEED

Ask a title company; it probably depends on the language of the poa.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<https://r.xdref.com/?id=15MLLCiE005347&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.hawkeslawfirm.com/>
[cid:image002.jpg at 01D76775.424B88C0]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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