[WSBAPT] Transfer to Surviving Spouse of Investment Account

Thu Jan 9 16:29:16 PST 2020

Thank you! It sounds like the Small Estate Affidavit might work.

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Thu, Jan 9, 2020, 2:16 PM John McCrady <j.mccrady at pstitle.com> wrote:

> I had a near identical situation a few months ago.  Heather was kind
> enough to share this language with me, and I sent a letter to the holder,
> who continued to demand a probate.  Since a probate seemed excessive, and
> the dollars at issue did not justify litigation, we ended up providing the
> holder a small estate affidavit and the holder delivered the funds.
>
> I never did hear a justification from the holder for their refusal to
> recognize the community property agreement.
>
>
>
> John McCrady
>
> Counsel
>
> Puget Sound Title Company
>
> 5350 Orchard Street West
>
> University Place WA 98467
>
> 253-476-5721
>
> j.mccrady at pstitle.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Heather de Vrieze
> *Sent:* Thursday, January 09, 2020 1:09 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Transfer to Surviving Spouse of Investment Account
>
>
>
> Below is the text of a letter I send in these situations.
>
>
>
> “I am writing to you on behalf of SURVIVING SPOUSE regarding the
> administration of the estate of her deceased husband, DECEASED SPOUSE. I
> appreciate that Washington State handles community property estates
> differently than other states and you or Schwab may not be entirely
> familiar with the effect of Community Property Agreements at the death of
> one spouse. Hopefully this letter will address your concerns.
>
>
>
> Community Property agreements are binding contracts between spouses,
> authorized by state law, (Revised Code of Washington (RCW) Chapter
> 26.16.120). I forward a copy of this statute for your reference. These
> agreements have the effect of vesting ALL assets owned by either spouse, as
> separate property, or as community property, in the surviving spouse. When
> such agreements are in effect at death, there is no need for Court
> administration of the property which is the subject of such agreement.
>
>
>
> THESE SPOUSES had such an agreement in effect when he died. Paragraph 2 of
> the agreement, previously provided, references the property covered.
> Therefor, no administration of DECEASED SPOUSE’S estate is necessary or
> appropriate now that the agreement has been “certified in the same manner
> as deeds to real estate are required to be” as required by the statute.
> Only the Superior Court may set aside these agreements; it has not. If an
> affidavit confirming the Agreement was in effect at death and creditors are
> paid or provided for would be helpful, SURVIVING SPOUSE can provide such an
> affidavit upon request.
>
>
>
> In accordance with the agreement and state law, all property owned by
> DECEASED SPOUSE at the time of his death is now vested in his wife. If
> Charles Schwab cannot follow this provision of Washington law without
> further Court order, I will seek such an order, and, as authorized by RCW
> 11.96A.150 (also forwarded herewith) may seek an award of costs, including
> attorney fees, to SURVIVING SPOUSE. I hope with this information, this
> account can be transferred without further delay.
>
>
>
> Heather
>
>
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
> <https://r.xdref.com/?id=009LK1KG028443&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.westseattlelaw.com/>
>
> *Click here to connect with de Vrieze | Carney on Facebook:   **[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Thursday, January 09, 2020 12:22 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Transfer to Surviving Spouse of Investment Account
>
>
>
> Please answer online (and hopefully attach a demand letter citing WA law)
>
>
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jamia Burns
> *Sent:* Thursday, January 9, 2020 10:52 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Transfer to Surviving Spouse of Investment Account
>
>
>
> Has anyone had luck transferring assets in a Schwab account to the
> surviving spouse using a Community Property Agreement. They are demanding a
> Letter Testamentary, EIN and Estate Bank Account to make the transfer. Any
> guidance is greatly appreciated.
>
>
>
> Respectfully,
>
>
> Jamia S. Burns
> Attorney at Law
> (360) 739-6379
>
> Office: 1200 Dupont St., Suite 1-D
>
> Bellingham, WA 98225 (By Appointment Only)
>
> Mail: P.O. Box 29453
>
> Bellingham, WA 98228
>
> jamia at jamiaburnslaw.com
>
> www.jamiaburnslaw.com
> <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jamiaburnslaw.com&data=02%7C01%7C%7C728500e8d91047c3885c08d79535ae38%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637141930101512779&sdata=kULTLL1BUvxI7a%2BM4x6eaZJEUJrN5ZBWLXlhDJ9oZGg%3D&reserved=0>
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>
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