[WSBAPT] DPOA Post Death Transfers

Wed Mar 27 11:22:57 PDT 2024

There is no authority to the POA agent to record after death… you should research this issue as I had this come up in several Estates in the past.  Recording a deed after death, even if signed before death, is not appropriate and needs the PR to sign to record.  In Washington state, if the grantor has passed away, the deed becomes void, and the property remains with the grantor’s estate. If the intention is for the property to go to the heirs of the deceased grantor, a new deed must be executed to convey it to them and would be signed by the PR of the Estate in that capacity. This legal principle ensures that property transfers are valid and properly documented.  In your case, the wife is the PR and did not sign.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Wednesday, March 27, 2024 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DPOA Post Death Transfers

Hello Listers -

I have a contentious probate matter with the following situation. Please respond to me directly as I am uncertain as to whether involved parties are on this list serve.

Young man was in hospital several years ago and signed POA while recovering. Never revoked even though he was fully mentally capable.

DPOA has a clause that states it is ok for Attorney-in-Fact to make transfers to self, specifically even states that AIF can gift or transfer real property to self.

Attorney-in-Fact was signer on bank account as POA. Not beneficiary of account. POA used account to help pay bills for decedent.

Young man bought a house, moved in with girlfriend, then married girlfriend.

Shortly after marriage, young man died in tragic accident.

After death, AIF transferred bank funds to self and recorded deed transferring house from young man’s name alone to his name with JTWROS with AIF. Deed has date before death, recorded after death. Prepared with signature line only for AIF.

Probate started, wife is PR.

AIF Counsel says deed was signed by AIF prior to young man’s death and was delivered to him for recording prior to death; says house is non probate asset.

AIF has now brought eviction action to remove wife from house.

Any thoughts? Input? I have drafted a Motion but would appreciate any thoughts or authority on this.

Amy

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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