[WSBAPT] tedra action by individual or estate?

[Krista MacLaren]

Hi Listmates,

Surviving spouse did not need to open probate because community property
agreement transferred everything, except: deceased spouse had a BECU bank
account in his name only, opened 30+ years ago, that is apparently POD to
the mother of his 30 y.o. daughter (they were never married, so I don't
think RCW 11.07 applies).  BECU has frozen account and needs court order
identifying correct payee.  The funds currently in that account came from
the recent sale of community real estate and the decedent's pension that
is payable to surviving spouse.  Despite the sanctity of designated
beneficiaries, it seems like surviving spouse should be entitled to these
funds.  

I want to file a tedra action, but I am unclear on certain procedural
issues:  Can surviving spouse do this individually, or does she need to
first be appointed administrator of decedent's estate?  Should action name
only BECU, or also named beneficiary?  I would love to chat with someone
who is experienced with this kind of situation.

thanks!



Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com

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