[WSBAPT] Two Quick Questions

[Lewis, Amy C.]

We routinely use delegations, at the request of banks, when co-PRs are appointed.  They want each co-PR to have delegated authority from the other to act alone so that the bank does not need both signatures.  Outside of that context, I don't recall using a delegation from a PR with a financial institution.


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Thursday, April 3, 2025 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Two Quick Questions

Hi Amy,
Have you had success getting a Big Bank, say, to accept a court-appointed PR's delegation to a delegee pursuant to RCW 11.98.071 upon presentation of, say, Letters Testamentary appointing the PR, together with some form of written delegation (whether in the form of a formal power of attorney document or otherwise)?

I have not attempted it, so I would love any "war stories" you or others might offer.
In my brain, I could imagine it getting through, say, the state's vehicle titling system, but maybe not so easily Morgan Stanley or BECU or Bank of America or STIFEL or . . .
They are so gifted at denying perfectly ordinary power of attorney documents, trust actions, etc., even where statutory language all but names their institution and says, "DO THIS NOW!"
Here they could rest quite an argument upon even the language of 11.98.071: "Well, we agree the PR has .071 powers. But that only gets the PR the right to delegate 'duties and powers that a prudent [PR] of comparable skills could properly delegate under the circumstances.' And we aren't quite sure what 'could' be properly delegated in a court-based estate proceeding. And we aren't too interested in delving into whether the PR satisfied items (a) through (d) under .071(1) before appointing you, Mr. or Ms. Delegee."
I say none of this to ARGUE WITH YOU, please please understand.
I say all of this to tee up the question in great anticipation that someone out there who bothers reading my blatherings might see this and say, "You betcha I've done it!" Because I love learning new stuff every day, and this would be a new one for me so far as the "practical execution" angle.
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/>


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 Lewis, Amy C.
Sent: Thursday, April 3, 2025 10:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Two Quick Questions

A PR with nonintervention powers can delegate duties under RCW 11.68.090(1)(f) and RCW 11.98.071.



Amy Lewis, Attorney
Pronouns she/her/hers
[cid:image001.png at 01DBA4AA.653B1CD0]
909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.eisenhowerlaw.com_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=HmI827tYNEay_doKT4-Wahi2_BTHniCUtfy1kU_LvqQ&m=awoySlu6G1Duw6mxOICHryd3czOGI6WJedDaHPKCkABAQFtr3hAGpnmp1FUzt57s&s=CB41n8xG7TG_21XQAAvdZU7OdfAdln3ZbP3zVApQfTY&e=>
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 Mark Anderson
Sent: Thursday, April 3, 2025 9:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Two Quick Questions

Dear Dalynne:
The language contained in RCW 11.36.010 (6) would indicate that the sole purpose of a Resident Agent is to accept service of "papers."  Are you aware of any other purpose or powers conferred upon the Resident Agent?
Would you be willing to share your research on question #2?
Thanks for your responses here.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=HmI827tYNEay_doKT4-Wahi2_BTHniCUtfy1kU_LvqQ&m=awoySlu6G1Duw6mxOICHryd3czOGI6WJedDaHPKCkABAQFtr3hAGpnmp1FUzt57s&s=5NUPSF1BwiBHGZMAf6CFW0aGt6dAguHZCI7OE6Wsfw8&e=>
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This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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 Dalynne Singleton
Sent: 04/02/2025 5:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Two Quick Questions

Simple answers - yes #1 and no #2.
RCW 11.36.010 (6) A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made in writing and filed by the clerk with other papers of such estate; and, unless bond has been waived as provided by RCW 11.28.185, such nonresident personal representative must file a bond to be approved by the court.
I did my research on #2 in a case awhile ago and realized that the answer was NO.
Dalynne Singleton
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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.glglawgroup.com_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=HmI827tYNEay_doKT4-Wahi2_BTHniCUtfy1kU_LvqQ&m=awoySlu6G1Duw6mxOICHryd3czOGI6WJedDaHPKCkABAQFtr3hAGpnmp1FUzt57s&s=ZRDjyWA6gdWLPmhyqPPYx4wpt_yMixkZkHgiW1KjVUM&e=>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Attorney Spencer Clower & paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> and kristin at glgmail.com<mailto:kristin at glgmail.com>).  Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.com> ).

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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 Mark Anderson
Sent: Wednesday, April 2, 2025 4:58 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Two Quick Questions

Does a Resident Agent really serve any purpose other than to serve as a "warm body" upon whom service may be made?
May a Personal Representative grant a durable power of attorney to another person to exercise the powers of the PR?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=HmI827tYNEay_doKT4-Wahi2_BTHniCUtfy1kU_LvqQ&m=awoySlu6G1Duw6mxOICHryd3czOGI6WJedDaHPKCkABAQFtr3hAGpnmp1FUzt57s&s=5NUPSF1BwiBHGZMAf6CFW0aGt6dAguHZCI7OE6Wsfw8&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.


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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