[WSBAPT] DPOA Post Death Transfers

Thu Mar 28 05:15:17 PDT 2024

Amy, I want to clarify why the situation appears to be different to me than the simple general rule of “delivery” and then later recording.  In your situation, you have a person signing a deed wherein they are the grantor under a power of attorney and the grantee.  The POA is extinguished upon death and no longer valid.  It is the PR who must sign the REETA to record the deed.  Given all the potential conflicts and the fact that the PR is not willing to sign the REETA for recording the deed, I wonder how the deed was recorded after death.  Did the POA agent sign the REETA as well?  That issue should be researched and is why the deed should not have been recorded because the grantor on the REETA was improper if signed by the POA agent.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals heather at glgmail.com<mailto:heather at glgmail.com> or valerie at glgmail.com<mailto:valerie at glgmail.com>.  Gourley Law Group legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Part-time paralegal Theresa Richards can be reached at theresa at glgmail.com<mailto:theresa at glgmail.com>.

LICENSED IN WASHINGTON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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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 11:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DPOA Post Death Transfers

Hi Dalynne -

Thank you for your response.

Counsel for Attorney in Fact says that he met with the attorney in fact before the young man’s death and she signed the deed as POA and delivered it to him for recording.

So, he states that the deed was “delivered” but the actual recording was delayed because he was out of town.

I have done quite a bit of research and the cases I am finding where the Grantor signed a deed and delivered it to an attorney for later recording are deemed to have been “delivered” and are valid with the post-death recording.

Do you have speciffic authority when it is a POA rather than the Grantor? Because I have not been able to find that.

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/>

On Mar 27, 2024, at 11:22 AM, Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>> wrote:

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
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals heather at glgmail.com<mailto:heather at glgmail.com> or valerie at glgmail.com<mailto:valerie at glgmail.com>.  Gourley Law Group legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Part-time paralegal Theresa Richards can be reached at theresa at glgmail.com<mailto:theresa at glgmail.com>.

LICENSED IN WASHINGTON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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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 Amy Goertz
Sent: Wednesday, March 27, 2024 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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