Q: should I get a power of attorney or an estate executor to my daughter so when I die she can sale my house.
A:
Hello - I'm Merry, and I've been a WA State attorney for over 38 years.
A Power of Attorney is a type of power you give to a trusted family member or friend to take care of things for you while you are alive (such as to make medical decisions for you, or to handle financial things). A Power of Attorney ends the very moment you die - put another way, when you die, your daughter could not use a power of attorney.
That leaves you with at several choices. One is to write a will, and appoint your daughter as Personal Representative (this is what Washington calls Executors - it's the same thing, with a different name). If you do this, also look into writing/filing a "Transfer Upon Death Deed" naming your daughter, so she can avoid probate for this major asset. Be sure to name at least two alternate Personal Representatives - your daughter can be in position number one, but if she is unable or unwilling to serve, have people appointed in position #2 and #3 as backups. Attorneys typically charge $350 - $600 in WA to write a will from start to finish, and help you go through the signing/notary/witness process. Paralegals typically charge less.
Another option is to write a revocable or irrevocable living trust, transfer your house into the trust, and appoint yourself trustee, and your daughter as successor trustee. (Again, you should also appoint people to succeed your daughter if she's unable to serve). The Trust will own the house. Attorneys typically charge $1000 - $2000 for a trust - they're more complex, and it can be time-consuming to take care of the real estate transfer. This is a good way to avoid probate altogether, and the house (and other assets, if you choose) can remain in the trust indefinitely.
A third way to transfer to your daughter is one I don't recommend, which is to put your daughter on the deed while you're alive, or give her the house while you're alive. This way of doing things can have some seriously poor tax consequences for your daughter - I don't have time to get into this now, but I would never do this myself.
I hope that's been helpful to you!
Best wishes,
Merry A. Kogut
keypeninsulalaw.com
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