[WSBAPT] successors under DPOAs

Fri Jan 14 12:24:38 PST 2022

I don't have a good answer for Natalie, but I have a related question about successors under DPOAs. Do you think a still-competent principal could amend an otherwise good DPOA to add a new successor agent, or to give the existing agent the power to appoint a new successor? 

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com 
Website: www.salmonbaylaw.com
Washington State Bar #47055

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Today's Topics:

   1. Re: Agent's Power to Appoint Different Successor Agent
      (Heather de Vrieze)
   2. Re: First e-will signing - e-presence of 2 witnesses under
      5.50 (Joshua McKarcher)
   3. Re: Motion King County Probate Calendar (Dalynne Singleton)
   4. Re: Protecting the family farm down the generations (Steve King)
   5. Referrals needed for estate planning lawyers in Sun Valley
      Idaho (June Campbell)

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Message: 1
Date: Thu, 13 Jan 2022 20:12:50 +0000
From: Heather de Vrieze <heatherd at westseattlelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Agent's Power to Appoint Different Successor
	Agent
Message-ID:
	<MW3PR22MB2107A38F2735150E2A2268D9A7539 at MW3PR22MB2107.namprd22.prod.outlook.com>

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My understanding on this has been that it must be specifically provided in the document for the agent to be able to delegate, or to be able to identify a successor.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D80876.E112F9F0]
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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Natalie Kuehler
Sent: Thursday, January 13, 2022 11:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Agent's Power to Appoint Different Successor Agent

Hello all,

Apologies in advance for making the same post on multiple list-serves.

Can an agent under a 2018 power of attorney who is granted "the power of any absolute owner over the person, assets and liabilities of the Principal" remove an existing successor agent and name a new successor agent, or does that power have to be specifically enumerated under RCW 11.125.110(2)?

The situation I'm running into is that the principal is no longer competent, and the initial agent is rapidly failing, too, though still competent for the time being. The successor agent who was named by the principal over three years ago has become abusive to the principal. An unrelated person who is trusted by all involved is willing to step in if we can find a way to make it happen. There aren't a lot of assets at risk; this is all about ensuring the continued physical and emotional well-being of the principal.

Any and all thoughts welcome.

Thank you!
Natalie

Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 - 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 - c (509) 557-5769
www.kuehlergrim.com<http://www.kuehlergrim.com>

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Message: 2
Date: Thu, 13 Jan 2022 20:18:51 +0000
From: Joshua McKarcher <josh at mckarcherlaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] First e-will signing - e-presence of 2 witnesses
	under 5.50
Message-ID:
	<MW3PR11MB465269008F8CDD19BD991753BB539 at MW3PR11MB4652.namprd11.prod.outlook.com>

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McKarcher Law is custodian under pursuant to 11.12.460(1)(d). This just isn?t as burdensome as keeping a safe full of original paper wills, which I decline to do for all but the nearest-to-death clients with NO family issues.

I do not read the statute to disallow one qualified custodian to transfer custodianship to another qualified custodian. Specifically, I read .470(1)(b) to permit the ?last in line? qualified custodian to provide the affidavit required; and I expect that, if it was transferred, the affidavit would ADD to the listed requirements, the affiant?s understanding (or even maybe ?proof?) of which qualified custodian(s) held the will previous to the ?last in line? qualified custodian/affiant.

And, in any event, if the custodians screw up, the will can be proved like a ?lost will? under the revised RCW 11.20.070. And, if there is good evidence that the document has not been modified since signing, admission to probate will be less difficult that admission of a truly lost paper will. I expect these will usually be ?secure PDFs? with a ?modified? file time/date stamp in, say, Windows or Mac ?file explorer? that can easily be rendered on a computer screen; and, indeed, a screenshot of that unmodified date/time stamp for the subject PDF could even easily be added to the custodian?s affidavit. Not so difficult to connect the dots WHEN NEEDED, and it usually won?t be.

I do think the legislature could do us all a favor and add a sentence to .460 or .470 to expressly state something like ?A qualified custodian may transfer custodianship to another qualified custodian.? If the first is ?still alive? s/he/it could simply provide an affidavit of their own to the successor custodian, which could be an exhibit to the ?last in line? custodian?s post-death affidavit.

And, in the age of end-to-end encrypted cloud storage and secure links/downloads, this all just doesn?t have to be that difficult and elusive. It can be done smartly and securely and solve a lot of peoples? difficult situations in ways that courts won?t have to rend their garments to adjudicate.

All the best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Thursday, January 13, 2022 11:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] First e-will signing - e-presence of 2 witnesses under 5.50

Joshua,
Thank you for sharing your practice with us as you blaze this trail. I often joke with my clients that the legal industry is stuck in the 1800s. It's good to see us inching forward. Would you be willing to share how you are handling the qualified custodian requirements? Are you serving as the qualified custodian or is that Simplifile's role?

Warmly,
Laura

On Thu, Jan 13, 2022 at 11:29 AM Joshua McKarcher <josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>> wrote:
Fearless Fellow Estate Planners of Washington:

Today we will assist a client in signing the first Washington electronic will in our practice. We have found Simplifile?s RON platform as useful as its e-recording platform, and I recommend it if you wish to find a solution for your practice. (They are incredibly open to feedback from the non-real-estate-closing-agent RON users among us.)

If you wish to play along, we read RCW 11.12.450 (particularly (3)(b) incorporating RCW 5.50) to permit two people on the videoconference with the testator, with no actual remote online notary required (for the will at least), which two people can witness the e-will. If you read it otherwise, I would be grateful for the perspective.

Indeed, for whatever it?s worth, I share below the asterisks our ?e-will signature block when e-signed under 5.50? (which is nothing spectacular, mostly just a reformatting of the statute sub 3(b), with reader-friendly citations following ?Pursuant to?). We will use Simplifile to e-sign in a videoconference. We intend to have our testator e-initial each page of the will for whatever that is worth to those still reading.

This has all turned out to be pretty straightforward, especially if you have done a non-will RON session or two first. All my best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

****************************************

Pursuant to RCW 11.12.450, I, First M. Last, the Testator, declare under penalty of perjury under the law of Washington that the following is true and correct: That I sign this instrument as my electronic will, I willingly sign it, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

First M. Last, Testator
Pursuant to RCW 11.12.450 and chapter 5.50 RCW, we, Kaitlyn M. Landreth and Mary E. Briggs, witnesses, declare under penalty of perjury under the law of Washington that the following is true and correct: That the Testator signed this instrument as the Testator?s electronic will, that the Testator willingly signed it, and that each of us, in the electronic presence of the Testator, signs this instrument as witness to the Testator?s signing, and to the best of our knowledge the Testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

Kaitlyn M. Landreth, Witness

537 6th Street

Clarkston, Washington 99403

Mary E. Briggs, Witness

537 6th Street

Clarkston, Washington 99403

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--
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028

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Message: 3
Date: Thu, 13 Jan 2022 22:25:39 +0000
From: Dalynne Singleton <dalynne at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Motion King County Probate Calendar
Message-ID:
	<BY5PR12MB5542BA4B6739C90EA46FEE10A5539 at BY5PR12MB5542.namprd12.prod.outlook.com>

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Get it in as soon as possible but check every day on the court's website before you file as the availability changes daily.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a Zoom or telephone conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.
LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, January 13, 2022 11:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Motion King County Probate Calendar

Hi, So looks like we now need to note Motion at least 14 days before hearing. Is there any special filing to secure this open spot on calendar? Thanks Mike Atkins

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Message: 4
Date: Fri, 14 Jan 2022 16:41:38 +0000
From: Steve King <steve at talislawfirm.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Protecting the family farm down the generations
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Hi Ronda,

I haven't done any work with farms for a while, but I work with Washington taxable estates quite a bit.  I'd be happy to talk about your clients.

Steve

Stephen R. King
steve at talislawfirm.com<mailto:steve at talislawfirm.com>

Talis Law PLLC
915 118 Avenue SE, Suite 360
Bellevue, WA 98005
Phone: (425) 943-9968
Fax: (425) 777-2097
talislawfirm.com<http://talislawfirm.com/>

[Facebook]<https://htmlsig.com/t/000001DJJQWC>  [LinkedIn] <https://htmlsig.com/t/000001DJK8H3>   [Maps] <https://htmlsig.com/t/000001DS1V0N>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ronda Larson Kramer
Sent: Wednesday, January 12, 2022 10:05 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Protecting the family farm down the generations

Listmates,

Would anyone with a lot of experience handling WA state taxable estates and family farmland be able to spare a few minutes on the phone to review my idea for how to help clients with an estate that is not federally taxable but that is over $5 million? There are some complications that I would feel better about if I could run them by someone with more experience than me.

Ronda Larson Kramer
J.D., LL.M. Taxation, Owner

LARSON LAW, PLLC
Elder Law, Estate Planning
P.O. Box 7337
Olympia WA 98507
Ph: 360-768-0775
ronda at larsonlawpllc.com<mailto:ronda at larsonlawpllc.com>
www.larsonlawpllc.com<http://www.larsonlawpllc.com/>

NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately. Any tax advice contained in this message is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed here.

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Message: 5
Date: Fri, 14 Jan 2022 11:39:38 -0800
From: June Campbell <campbell.june at gmail.com>
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Referrals needed for estate planning lawyers in Sun
	Valley	Idaho
Message-ID: <D76AD38C-1BFB-47A4-89BB-20C6B2286451 at gmail.com>
Content-Type: text/plain; charset="us-ascii"

Anyone have suggestions?  Thanks.

June Campbell
Law Office of June K. Campbell
www.junecampbelllaw.com <http://www.junecampbelllaw.com/>
206-227-5016

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