[WSBAPT] Community Challenge to distribution ofnon-probate assets re significant CDs

[Anne Marie Liebhaber]

Thanks for the advice. It is well taken. Do you have the name/ cite for case
you reference? 

  _____  

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas M. Culbertson
Sent: Friday, May 08, 2015 8:44 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Community Challenge to distribution ofnon-probate
assets re significant CDs



Not to add to your worries, but several years ago a Spokane atty was
disciplined by the WSBA because he represented a client as PR and
individually claiming an asset was JTWROS and not a probate asset, and the
atty therefore had a conflict of interest. I thought the analysis in the
decision was very weak and I still think it was wrongly decided, but my
opinion doesn't matter. Many practitioners now say such a client needs two
attorneys, one to represent her as PR and another one to represent her as
individual claimant. I don't think that solves the problem; as I see it,
focusing on an attorney's conflict shifts the focus away from the real
conflict of interest, which is the client's potential conflict as fiduciary
and individual.  

Bottom line is . . . be careful.

 


THOMAS M. CULBERTSON  I  Lukins & Annis, PS

717 W. Sprague Ave, Suite 1600, Spokane, WA 99201

(509) 455-9555  I  fax (509) 363-2500  I   <mailto:tculbertson at lukins.com>
tculbertson at lukins.com 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Anne Marie Liebhaber
Sent: Thursday, May 07, 2015 10:34 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Community Challenge to distribution of non-probate
assets re significant CDs

Thanks for prompt reply. What do you mean by "snt"?

What are your thoughts about son challenging CDs' character outside of
probate process, as no probate really is necessary to transfer CDs b/c
non-probate assets. Client does not know status of dementia wife/ son
relationship re POA or GAL at this point.  

  _____  

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Thursday, May 07, 2015 10:05 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Community Challenge to distribution of non-probate
assets re significant CDs

Take the funds but don't spend them. Control is good fit your client.
Investigate what is community or separate, reach agreement as to who gets
what; put mom's share in 3rd party snt if possible... Recognize, though, she
may be entitled to own some of it outright and may need gal to protect her
interests.  Is son POA for her?  Remember, Dad can give his half of CP or
all SP where he wants...

On May 7, 2015 9:48 AM, "Anne Marie Liebhaber" <amliebhaber at gmail.com>
wrote:

Client is daughter/ beneficiary on five significant CD accounts inherited
from her 90 yr old dad who just died. Decedent married second wife 28 years
ago but wife is in nursing facility for dementia. Second wife's son wants
CDs to go to his mother, claiming CDs are community property despite
daughter's beneficiary status and decedent's clear directive in will wherein
daughter is PR. No other assets, ALL sold prior to descendent and wife going
into nursing facility. Decedent named dementia wife as beneficiary on
defined benefit pension of 3K per month.  

Client wants to immediately transfer CDs as non-probate asset into her name
but fears community property challenge and repercussions. Any guidance
appreciated. I am new to this great list. Thanks.  

Anne Marie Liebhaber

Attorney at Law 


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