[WSBAPT] Banking Issue - Letters of Co-Administration with 1 co-administrator out of state

[Heather deVrieze]

I have found this to be a somewhat universal problem of co-Personal Representatives, one more reason I try to talk clients out of it, or if they insist provide that “the named Co-Personal Representatives shall have the authority to act jointly or independently of one another” in all matters.

Most banks won’t open even when both Personal Representatives are in-state because they see it as an AND and don’t want the liability.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Kay Mikkelson
Sent: Tuesday, October 13, 2015 3:33 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Banking Issue - Letters of Co-Administration with 1 co-administrator out of state

Good Afternoon Everyone,

I know that dealing with large banks and estates can be difficult.  I went through the archives for the last year, but didn't find anything regarding co-administrators/personal representatives.

The situation is 2 clients (the only living children of the decedent) who are Co-Administrators on a probate.  They have been trying to close the decedent's multiple local bank accounts with no success.  Besides having to explain what letters of administration are, the banks seem unwilling to close the accounts without both co-administrators being present because they can't confirm the out of state administrator's identity.  One administrator is here in Olympia, but the other is located in SC and doesn't want the sibling here to act alone.  I have made several suggestions of how they can verify the out of state co-administrator's identity, but they are still not willing to cooperate.

Any suggestions on how to close these accounts.

Also, here are a couple of questions:
- When there are two names on the letters of administration or testamentary, do you use "and" or "or" between their names?
- And if using "or", do they have equal and separate powers as Co-Trustees have?

I've never had a problem with local banks, but it has been a while since I've had an out of state probate client.

I would appreciate your thoughts on this situation.


Thank you,
Lisa Kay


Lisa Kay Mikkelson
Mikkelson Law, PLLC
Mailing: PO Box 15147, Tumwater, WA 98511
Office: 5757 Capitol Blvd SW, Tumwater, WA 98501
Ph: (360) 786-8010
Fax: (360) 754-1921
mikkelsonlk at yahoo.com<mailto:mikkelsonlk at yahoo.com>

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