[WSBAPT] Blocked account question

Mon Jan 25 17:48:15 PST 2021

Thanks, Nicholas, that’s very helpful!  It’s BECU, so hopefully they won’t be as difficult to deal with as, say, Bank of America.  I’ll ask the guardian to check with BECU for the language needed.

Best,
Candace

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Monday, January 25, 2021 5:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Blocked account question

In my experience, the Guardianship case should resolve the blocked assets. In your Order Discharging Guardian, it can direct the custodian (financial institution) of the blocked accounts to unblock and deliver them to the Estate Administrator. This may take a few tries, I like to reach out to the financial institution’s legal department in advance to see what language they want. I will be as specific as “MEGA BANK shall unblock account XXXX and disburse the balance of the account as a Cashier’s Check payable to the Estate of the DECEDENT”. Sometimes they want a certified copy of the order sent to a specific department for processing. Or perhaps a teller at the branch will be able to help your client get it taken care of. I think the court is less willing to just simply unblock and direct the guardian to do this, since there would be no bond to cover it.
Best,
Nick
Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Monday, January 25, 2021 at 5:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Blocked account question

Hi Listmates,

I haven’t had to deal with blocked accounts much in my practice, but I am currently opening a probate in which the assets are being transferred from a guardianship for the deceased AIP to the administrator of the probate case.  I originally represented the guardian, and with the consent of both guardian and the administrator, and waivers of conflict, I now represent the administrator as well.  Both cases are in King County.

One of the guardianship accounts was blocked by the court in the guardianship case.  My administrator has just been appointed with nonintervention powers in the probate case.  My guardian has already filed his final report and had it approved by the court.  I’m now filing a petition to close the guardianship and have my guardian discharged.

In the process of drafting the petition to close the guardianship, do I also need to ask the court to unblock the blocked account now that the administrator has been appointed?  Or do I make that request in the probate case?  I don’t imagine that the financial institution will allow the administrator access to the account without a court order.

Thanks,
Candace Wilkerson

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