Legal Question in Wills and Trusts in Washington

I have Durable Power of Attorney for my father. Originally I had it with my brother, but last year my Dad revoked my brothers POA because he abused it. At this point my Dad is no longer able to make competent decisions. I need to know if I make a lease agreement concerning Dads' orchard and/or home (which I know my Dad desires), is it valid after he dies? Esp. seeing how my brother inherits the farm, not myself, and may have issues with the lease.

Also, my Dad, when he was coherent made some written changes to his will (namely crossing out my brothers name, putting delete beside it and signing his name next to it - in pencil). Is this valid? It does say in his will that he can make written changes to his will and since my brother threatened him with a lawsuit if he changed his will Dad did what he could because he was not allowed to go to an attorney.

Thank you for your help.


Asked on 10/18/09, 8:41 pm

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Assuming the POA is valid, and that the lease makes reasonable business sense and is an arms length transaction, it would be valid after your father's death. Property transfers with all the rights and obligations of the property.

The handwritten changes to the will may be a problem, and if your father has the capacity to make his interests clear he should consult with an attorney and get a new will that conforms with Washington law. The handwritten changes will almost certainly be a problem.

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Answered on 10/23/09, 10:05 pm
Ann Sattler Aiken, St. Louis & Siljeg, P.S.

Your dad, along with everyone else, is free to write his will and change it at any time and no one can sue a person for changing his will.

Because of the apparent problems with your brother, it may be advisable for you as your dad's POA to seek counsel before and during the exectuion of the lease. A POA can be personally liable for actions and it sounds like your brother would not be happy about the lease so you'd probably be serving yourself well in the future to make sure all is done correctly now.

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Answered on 10/27/09, 4:50 pm


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