[WSBAPT] Estate Distribution

[Jane Bitz]

Anthony:

If you have proof then I would letter the "raiding" child and include copies of RCW 11.84.010 and 11.84.020.  As Heather says below, they may agree to the deduction instead of litigation that could result in them getting nothing.

I recently had a case where one brother had POA and the other brother was named as executor. The brother with the POA moved CDs that had Pay On Death designations from one bank to another and named himself and his children as the beneficiaries. He also drew most of the funds out of another CD account that had the named PR brother as the Pay on Death beneficiary, while leaving "his" CD untouched. His excuse was that the money was "needed" for his mother's care costs, but she had plenty of cash in her accounts to pay for her care over the final months of her life. When confronted he said "Mom told me to do this." The PR brother was able to persuade him to refund money that he had withdrawn for himself and his children and to take less from the estate to make up for raiding his brother's CD on the threat that we would go to Court and expose him. The PR brother was able to provide bank statement evidence going back about 10 months before his mother's death to prove all the facts. The bank officers at both banks were fairly cooperative when the facts were shown to them. We got everything we needed without having to subpoena the records.

Jane Bitz


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Peggi Moxley
Sent: Tuesday, August 14, 2018 9:43 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Distribution

Unfortunately, in my practice I see a lot of cases where the parents enabled one child by constantly bailing them out.  I had one case where a child was given $4,000 per month for about 3 years because they could not find a job.  (The parents were both still alive and I told them if someone gave me $4,000 per month tax free, I might not be able to find a job either.)  I found this out during an estate planning conference and the gifting stopped.

In that type of case, I do not think that the child/personal representative can adjust the inheritance to that child unless the receiving child ever signed a Promissory Note or some other written promise to pay back the parent or parents put an "advancement article" in their Will.

Peggi Moxley
Wenatchee WA


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, August 13, 2018 4:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Estate Distribution

In theory, if it was not gifts from parent, but can be proved to be financial exploitation, that "raiding" child can be excluded from distribution under the will entirely. So, with that as a potential real threat, the raiding child might be willing to agree to have such amounts simply deducted from their share.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
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/>

For your advanced planning, please note - Heather will have an extended time out of the office at the end of the summer. Leaving August 28th and returning September 17th. Please plan accordingly.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Anthony Vivenzio
Sent: Monday, August 13, 2018 4:38 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate Distribution

Dear Colleagues,
Decedent died, leaving the residue of his estate to his three children in equal shares.  If it can be proved that one of the siblings wrongfully raided one of the decedent's accounts during the decedent's lifetime and the amount can be proved, can that amount be considered and be treated as an advance against the raiding sibling's share of the estate?  Your opinions are appreciated as always.

Anthony D. Vivenzio,
Attorney and Counselor at Law
PO Box 208
540 Guard Street, Ste. 260
Friday Harbor, WA  98250
(360) 378-6860
vivenziolaw at rockisland.com<mailto:vivenziolaw at rockisland.com>

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