[WSBARP] Client needs a POA, but will be splitting time between WA and FL

[Roger Hawkes]

Nestor; do you mean that valid Florida deeds require two witnesses and notarization?

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Nestor Gorfinkel
Sent: Friday, October 28, 2022 5:34 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; solo-and-small-practice-section at list.wsba.org; creditor-debtor-section at list.wsba.org; wsbapt at lists.wsbarppt.com
Subject: Re: [WSBARP] Client needs a POA, but will be splitting time between WA and FL

It's very common to see an out of State Power of Attorney used in FLA.
Generally, as long as they are enforceable and executed with all the formalities of WA, then it will be respected. However, if one intends on using it to sell property in Florida, I have seen title underwriters decline to insure a deed from the Attorney in fact, unless it is executed with the same formalities of a deed (2 witnesses AND notarized).

Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

[cid:image001.jpg at 01D8EAE8.73DB1700]

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.




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 Dave Culbertson
Sent: Thursday, October 27, 2022 6:55 PM
To: solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>; creditor-debtor-section at list.wsba.org<mailto:creditor-debtor-section at list.wsba.org>; wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Client needs a POA, but will be splitting time between WA and FL

Hello, Listmates.

The fact pattern mostly fit into the subject line. Client is advanced in years, wishes a younger relative to help her manage her financial affairs. Will create a POA here in WA, where there is signinficant real and personal property. But will be traveling to and staying in Florida, where there is also real and personal property, for significant lengths of time during a given year.

Leaving aside the inherent issues of granting power to another person, my focus is on how her presence and property in different jurisdictions will complicate things. Any suggestions or comments from the Brain Trust to forestall legal problems (as mucha as possible, anyway)?



Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221028/2e7537ae/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 731986 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221028/2e7537ae/image001-0001.jpg>