[WSBAPT] Charity Distributions

[Philip N. Jones]

Did Client sign a disclaimer?  If not, what kind of a document did she sign?

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, June 16, 2021 11:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Charity Distributions

This is ever a challenge. I had one a few years ago where the custodian of the IRA wouldn't distribute to any of the charities until all had appropriately submitted their paperwork. That actually helped, because some of them were quite anxious to get it distributed and they pushed to make sure the others got their stuff in.

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D762A8.DFF28640]
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>

For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm's website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.


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 betsy at bwattorney.com<mailto:betsy at bwattorney.com>
Sent: Wednesday, June 16, 2021 11:04 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Cc: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>
Subject: [WSBAPT] Charity Distributions

Hi all,

I have a situation that seems unusual to me, but that perhaps some of you have encountered before.  Client was named PR in the Will and beneficiary on the Schwab IRA account.  Client also received the residue of the estate.  The Will specifically called out the Schwab IRA account to be divided amongst 8 different charities.  The 8 different charities were also the alternate beneficiary on the Schwab IRA beneficiary designation forms.

Decedent orally informed Client that it was important to him that the Schwab IRA go to the charities, and she wants to honor that wish.  Schwab had her decline her beneficiary designation so that the 8 charities alternate beneficiary designation would control.  That was in December of 2019.  Ever since then, client has worked constantly to try and get Schwab to disperse the money to the charities.  She succeeded with 5 of the charities, but has spent almost a year now, with no luck so far, trying to get the remaining money to the last 3 charities.  The three charities are Planned Parenthood, North City Helpline and The Nature Conservancy.  Schwab has closed the file on her at least three times without dispersing; she has had to call and escalate the call to finally get someone to recognize that they have not yet dispersed and to reopen the file.  There is excessive finger pointing- Schwab claims the charities have not filled out the paperwork, the charities say they haven't received it, then everyone stops trying.  This is very frustrating for client because she wants to be at peace with knowing that Decedent's money got to the charities and it is enough money ($125,000 left to be divided in thirds) that she doesn't want to just give up.  She wants to either reclaim the money as her own (I don't think she can do this but maybe someone knows of a rule where a gift is abandoned if not claimed within a certain time frame?), Schwab tells her she cannot do this, or she wants to accomplish the distributions.  She has been calling and writing a letter campaign to these institutions for a year now.  Any thoughts or ideas for her?  The Washington probate is already closed, but she could reopen it.

It seems that Schwab should be motivated to get the money out its door to the beneficiaries and the charities should be motivated to receive their money.  What am I missing?

Thanks,

Betsy


[cid:image006.png at 01D762A8.DFF28640]

www.bwattorney.com<http://www.bwattorney.com/> | betsy at bwattorney.com<mailto:betsy at bwattorney.com> | 206.705.3613 | 5608 17th Ave NW, Ste 1181, Seattle, 98107

NOTICE:  The information contained in this email may be confidential and/or legally privileged.  It has been sent for the sole use of the intended recipient(s).  If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution or copying of this communication, or any of its contents, is strictly prohibited.  If you have received this communication in error, please contact the sender by reply email, or at (206) 705-3613, and destroy all copies of the original message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210616/e9f659a7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4790 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210616/e9f659a7/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 3354 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210616/e9f659a7/image005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 10834 bytes
Desc: image006.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210616/e9f659a7/image006.png>