[WSBAPT] EIN for Small Estate

Tue May 5 13:48:14 PDT 2015

The irony, of course, is that the Small Estate Affidavit procedure is designed to allow custodians to hand over funds held in accounts of decedents without putting itself in jeopardy as to possible liability claims for unlawfully having released the funds, so long as the Claiming Successor "crosses the T's and dots the I's" in making application for the funds.

I agree with Eric that the statute does not require "the Estate" to be involved, since the whole purpose behind the statute is to set up a procedure whereby NO Estate ever has to be created.  So, how can there be an EIN requirement if there is no Estate?

I agree - it has all of the feel of a BOA situation.  It seems like each employee is required to partake of "Do it By the BOA Book Pills," apparently, ingesting them at least hourly, even if "the Book" and the Bank's rigid rules do not comply with the law.  And, don't forget, everything has to be passed through the Legal Department, and they still don't always follow the law, IMHO.

Regards,

Doug Bratt

Douglas J. Bratt
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, May 05, 2015 11:30 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] EIN for Small Estate [text]

I'm guessing that's Bank of America, grrrr.

In any case, the small affidavit process under Ch. 11.62 RCW is supposed to avoid all the probate issues. The custodian of the funds is entitled to hand it over directly to the successor, not to "the Estate."

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Stuart Ainsley
Sent: Tuesday, May 05, 2015 10:34 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] EIN for Small Estate

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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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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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