[WSBAPT] Schwab Refuses to Recognize Community Property Agreement

[Jamia Burns]

This is fantastic! Thank you.

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

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On Fri, Mar 13, 2020 at 12:27 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> I posted this a couple months ago:
>
>
>
> 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.
>
>
>
> It has worked.
>
>
>
> Good Luck,
>
>
>
> 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
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
> of this e-mail message and any attachment.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jamia Burns
> *Sent:* Friday, March 13, 2020 11:45 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Schwab Refuses to Recognize Community Property
> Agreement
>
>
>
> My client's husband died. They had a joint account at Schwab, but
> apparently no right of survivorship on the types of accounts and no named
> beneficiaries. They have a signed community property agreement. Charles
> Schwab will not recognize it and is requiring Probate. Any advice 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
>
>
>
> NOTICE: This e-mail may contain confidential or privileged material and is
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