[WSBAPT] Question about BOA requirement for probate estate account

[Candace Wilkerson]

Thanks, Nick, and I agree with you.  I’ve also tried to discourage them, but have had an recent epidemic of people who wanted joint appointment.

Best,
Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Thursday, March 4, 2021 10:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about BOA requirement for probate estate account

I’ve run into the same problem at Chase. I routinely discourage my clients from nominating Co-PR’s in the Will because of this kind of difficulty, absent a good reason to have a second set of eyes on things (e.g. step-siblings / blended family).
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 Jamia Burns <jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, March 4, 2021 at 10:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question about BOA requirement for probate estate account

My clients had the same problem with Bank of America. I suggested that they find another bank to open the estate bank account and fortunately they did.
Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
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jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Thu, Mar 4, 2021, 10:10 AM Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>> wrote:
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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