[WSBAPT] Question about BOA requirement for probate estate account

Candace Wilkerson cwilkerson at wongfleming.com
Thu Mar 4 10:00:14 PST 2021


Hi Listmates,

Has anyone else run into this, and if so, how did you deal with it?  I absolutely despise Bank of America; every time I do a probate and the client wants to work with them, we have a new hoop to jump through.  (Note: I told my clients to go to another bank or credit union to open the account, but don't know if they will.)

My clients, who are Co-PRs of the estate, told me that BOA needs to have something in the Letters (or maybe simply the order appointing them, they weren't clear) stating that they can act independently on the account, otherwise BOA won't open an estate account for them.

I have done multiple estates with co-PRs, and never had a bank require this.  They just assume that the co-PRs can act independently regarding the account.
Is it common practice to add this language in the order of appointment?  As it is, I will have to go back and file a motion.  But if BOA requires adding it to the Letters themselves, I'm sure that won't fly.
Any thoughts would be appreciated.
Thanks,
Candace Wilkerson



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