[WSBAPT] Frozen bank account with funds of decedent

Darcie Byrd darciebyrd75 at gmail.com
Wed May 30 11:04:50 PDT 2018


 Colleagues,

We represent a PR in a non-intervention probate. Some of decedent's money
is in a frozen account that we want the bank to release to the estate.
The facts are:
A third party using a small estate affidavit was able to empty decedent's
bank account and move the money to an account for the estate of one of the
sons of the decedent.
Our client became wise to this and contacted the bank. The account was
frozen pending a resolution to the dispute over the funds.
We have reached a settlement with the third party and there is no longer a
dispute.
We intend to bring a motion to have the funds released, but could use some
guidance with the process and a few specifics of the motion.
E.g. Is this a standard 6-day motion or can it be walked into ex parte?
What specific relief will we need from the court for the bank to be
satisfied?
Also, if anyone has a template for such a motion, that would be most
excellent!

Thank you,
Darcie Byrd
North City Law
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