[WSBAPT] Access to Phone, Computer and Cloud

[Lovie Bernardi]

Brett,

Thanks for the suggestion for an informal request to the bank. I had considered that and it’s worth a try.

Lovie

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, December 13, 2021 12:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Access to Phone, Computer and Cloud

I think that the official avenue is the Uniform Fiduciary Access to Digital Assets Act (RCW 11.120) - but the act has no teeth, so even though the language of the bill provides a deadline that SHALL be complied with, there is no enforcement mechanism.

I have gone down this road - it's not a fun ride. Additionally, if you cannot use a small estate affidavit, then the law is written in such a way that I believe (it's been a couple years) it has to be an appointed PR to use the power of the statute to gain access.

An unofficial method would be if there was an existing relationship with a financial institution to simply ask then to confirm that there are more than $XXXX in the accounts.  I personally did this when I was having to deal with my mother and I found that she had accounts at a local bank in Nevada that I had never heard of. Given the pain it is to work with banks, i simply asked the person if there was more than a couple hundred dollars. The bank employee told me that he though there were enough funds to make it worth my time. So there is always that approach.

Best of luck!!

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

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Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Mon, Dec 13, 2021 at 10:17 AM Lovie Bernardi <lovie at fb-lawfirm.com<mailto:lovie at fb-lawfirm.com>> wrote:
Listmates,

Potential probate in which family does not know if there is solvency. There is substantial credit card debt and family can’t access phone and computer to determine what financial assets decedent may have had. They are hesitant to open a probate only to find the estate is insolvent. Any ideas on how we may gain access to an iPhone (I know, I know), the computer and Google cloud before opening a probate? Thanks for any suggestions!

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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