[WSBAPT] EIN for Small Estate

Tue May 5 14:10:50 PDT 2015

Use your IOLTA after he has signed the Small Estate Affidavit....you can
deposit into that provided you do the property accounting of funds...

On Tue, May 5, 2015 at 1:56 PM, Stuart Ainsley <stuart at ainsleylaw.com>
wrote:

>  Unfortunately, we have three checks to cash that are made payable to the
> estate of the decedent so BOA is insisting that it won’t cash them unless
> we set up a bank account for the “estate”.
>
>
>
> Stuart
>
>
>
>
>
> [image: Description: Description: Logo_2009_email]
>
> *Stuart M. Ainsley*
>
> *Attorney*
>
> *Law Offices of Stuart M. Ainsley, P.S.1*
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> *2701 Mingus Drive*
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> *Cedar Park, TX  78613*
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> *512-638-0285 <512-638-0285> (Texas phone number)*
>
> *206-780-9024 <206-780-9024> (Washington phone number)*
>
> *512-366-5216 <512-366-5216> (fax)*
>
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> *mailto:stuart at ainsleylaw.com <stuart at ainsleylaw.com>*
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> 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 *Douglas Bratt
> *Sent:* Tuesday, May 05, 2015 3:48 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] EIN for Small Estate
>
>
>
> 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
>
> Lawyer
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> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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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> 1320 University St
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> Seattle WA  98101-2837
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> phone 206-625-0092
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> fax 206-625-9040
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
>
>
>
> [image: Description: Description: Logo_2009_email]
>
> *Stuart M. Ainsley*
>
> *Attorney*
>
> *Law Offices of Stuart M. Ainsley, P.S.1*
>
> *2701 Mingus Drive*
>
> *Cedar Park, TX  78613*
>
>
>
> *512-638-0285 <512-638-0285> (Texas phone number)*
>
> *206-780-9024 <206-780-9024> (Washington phone number)*
>
> *512-366-5216 <512-366-5216> (fax)*
>
>
>
> *mailto:stuart at ainsleylaw.com <stuart at ainsleylaw.com>*
>
> 1Licensed to practice Law in Texas and Washington
>
>
>
> *CONFIDENTIAL COMMUNICATION*
> * This e-mail message is confidential.  It is intended solely for the use
> of the individual named above. If you are not the intended recipient, or
> the person responsible to deliver it to the intended recipient, you are
> hereby advised that any dissemination, distribution or copying of this
> communication is prohibited.  If you have received this e-mail in error,
> please immediately notify the sender by reply e-mail and delete and/or
> destroy the original and all copies of the e-mail message.*
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> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
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> (253) 752-7850
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> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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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Katharine P. Bauer
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