[WSBAPT] Schwab Refuses to Recognize Community Property Agreement

[Roger Hawkes]

Be aware the statute does not require that ALL property be subject to this agreement. It can include ALL or select parts.

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Friday, March 13, 2020 2:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Schwab Refuses to Recognize Community Property Agreement

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<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.


On Fri, Mar 13, 2020 at 12:27 PM Heather de Vrieze <heatherd at westseattlelaw.com<mailto: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
[cid:image001.jpg at 01D5F962.B6567BD0]
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/>
Click here to connect with de Vrieze | Carney on Facebook:   [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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200314/209b39af/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4866 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200314/209b39af/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 3264 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200314/209b39af/image002.png>