[WSBAPT] Surviving spouse accessing CP ASAP

[Cyrus Field]

Yes I think she can as a practical matter. Just wondering if she has legal
authority to? I spoke with other heirs and it looks like they will consent
to SS's immediate appointment so hopefully this won't be an issue. Thanks,
Cy

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, December 11, 2014 10:18 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Surviving spouse accessing CP ASAP

 

Can she zero out the account by using her debit card somehow?

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Cyrus Field
Sent: Thursday, December 11, 2014 9:28 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Surviving spouse accessing CP ASAP

 

Folks- I just met with a surviving spouse whose H passed away suddenly w/o a
Will. Very modest estate consisting of about $30k of personal community
property. He has 2 kids (plus grandkids) thru a previous relationship who
would be entitled to a share of the SP. According to surviving spouse they
are not "interested" in the estate at all, but I have yet to confirm that. 

 

My issue is that SS can't access the bulk of the CP because it is held in an
account in his name only (though CP), although she apparently has a debit
card for the account she has used in the past. As far as we know, there are
no unpaid creditors. However, SS needs to access funds ASAP to pay ongoing
personal expenses. She can't wait 40 days from dod to do a small estate and
we are thinking of doing a probate as a result. However, as there are kids
from a previous relationship, we need to give 10 days notice before we can
get non-intervention powers. I'll be trying to see if kids willing to
consent, disclaim or assign their interest to SS, but that may take some
time. In the meantime, I was wondering if the SS has any authority to access
her share of the CP titled in his name only? TIA for any bright ideas, Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

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