[WSBAPT] Decedent's Account Name Does Not Match Pleadings

[Douglas Bratt]

Get a court order changing the caption of the case from In re the Estate of Mary Jones to In re the Estate of Mary Jones, a/k/a Mary Smith.  All it should take is a simple Declaration from the PR that he/she has discovered that Decedent owned assets using a second name.

Have Amended Letters issued using the new caption.

Good luck.

Doug Bratt


Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, October 12, 2016 12:02 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Decedent's Account Name Does Not Match Pleadings

WSBAPT:

PR in a probate I'm working just tried use their Letters to pull estate funds out of decedent's account but was denied because the name on Decedent's account was Decedent's former name and not the name Decedent had at their time of death. Bank is now asking for a marriage certificate showing the name change, but PR is having trouble tracking down a marriage certificate. I would expect that because the social security numbers are identical across the death cert and the bank account, they would not need a marriage certificate, but they are apparently not amenable to this line of logic.  Any advice on what to do here?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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