[WSBARP] Power of Attorney and Wills

[Bryce Dille]

Lookat RCW 11.125.240(1)(a) allows agent with appropriate language in the POA to create, amend, revoke or terminate intervivos trust. But nowhere in that statute does it mention will. I agree there would be real problems if the trust created left every thing to the agent when principal died.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Wednesday, December 11, 2019 9:56 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Power of Attorney and Wills

That sounds a little fishy to me.  Your suggestion is that by use of the POA the attorney in fact creates a Trust for the incompetent Principal and puts the beneficiary designations in the Trust. These designations will be different than in the Principal's Will.  When the Principal dies the assets in the Trust are distributed as per the terms of the Trust.

Isn't this the same problem?  The Trust was made when the Principal is incompetent.

JIm



James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>


On Wed, Dec 11, 2019 at 9:51 AM Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:
I don’t think so if you read the Will statute and that power is not specifically given in the POA statute but on behalf of the party under appropriate POA  you can create a trust and convey property into the trust and use the trust provisions to govern the distribution of property when party dies.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jim Doran
Sent: Wednesday, December 11, 2019 9:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Power of Attorney and Wills

Ladies and Gentlemen:

For many years I have used language in the Durable Power of Attorney that allows the attorney in fact to modify the Principal's  Last Will and Testament or make a new Will altogether.  However, I have always had my doubts about that clause.  Now I have a situation where the client wants to make a new Will for the Principal who is incompetent by virtue of dementia.

Is it valid for the Attorney in Fact to make a new Last Will and Testament for an incompetent Principal?

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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