[WSBAPT] EIN for Small Estate

Tue May 5 10:34:14 PDT 2015

List mates:

I am trying to take care of a very small estate.  It has a CD for less than $12,000 and three checks made payable to the estate of $1,700.  That's it.  I was going to use a small estate affidavit but the bank is insisting that we set up an estate bank account and provide Letters Testamentary and an EIN for the estate.    I think I can convince them that we don't need the letters but I'm concerned about the EIN.  I have applied for EIN's for estates before but the online program always ask for the County and State where the probate has been filed and the name of the Personal Representative.  Has anyone successfully obtained an EIN for an estate without filing a probate?  I hate to file a probate just to satisfy some bank manager's checklist of documents.

Thanks in advance for your responses.

Stuart

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Stuart M. Ainsley
Attorney
Law Offices of Stuart M. Ainsley, P.S.1
2701 Mingus Drive
Cedar Park, TX  78613

512-638-0285 (Texas phone number)
206-780-9024 (Washington phone number)
512-366-5216 (fax)

mailto:stuart at ainsleylaw.com
1Licensed to practice Law in Texas and Washington

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of CHRISTOPHER CONSTANTINE
Sent: Monday, May 04, 2015 10:09 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Amending a Will While Under Guardianship

Estate of Alsup, 181 Wash.App. 856 has facts that may be very close to your case.

Chris Constantine
Of Counsel, Inc., P.S.
P. O. Box 7125
Tacoma, WA 98417-0125
(253) 752-7850

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jami Pannell
Sent: Monday, May 04, 2015 5:34 PM
To: WSBA Estate Planning Discussion Group
Subject: [WSBAPT] Amending a Will While Under Guardianship

Colleagues:

[This question is posed by my practice partner.] We consulted with a potential client who initially had a guardianship established over him while he convalesced from a head injury. He eventually recovered from his injuries and went back to living life almost as independently as before his injury.  He had the court appointed guardian removed and wanted to keep his guardianship for major financial decisions, so he had his stepdaughter appointed.  Now he is interested in updating a will he made prior to the initial guardianship, as well as executing a transfer on death deed. The resulting changes would be consistent with his original estate plan and our opinion is that he has the capacity to make these changes and understands them fully.  I believe this would be in compliance with RPC 1.14.

The order appointing the original guardian specifically revoked his right to make or amend a will, and the new order appointing his stepdaughter is silent on the issue.  His stepdaughter is also his heir, which may complicate matters.  Can anyone point to legal support for us drafting a valid codicil and deed in spite of what the original guardianship order states?

Any feedback is appreciated.

Jami L. Pannell
Attorney & Counselor at Law

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