[WSBAPT] Question about BOA requirement for probate estate account

[Diane J. Kiepe]

Interesting.  I have never put it in an order and would think if you did you would have to present both the order and the Letters Testamentary since that (at least in Spokane) cannot be modified as to form.

I have run into this and thankfully my client’s went to my recommended bank in one case and in another, one CoPR stepped down under an understanding that the other Co-Pr would keep him in the loop.

Good luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Thursday, March 4, 2021 10:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about BOA requirement for probate estate account

I’ve found it common and put language to that effect in my probate orders. No human interacts with the bank or touches checks anymore. They want to know either is sufficient.

John J. Sullivan
Sent from my iPhone


On Mar 4, 2021, at 10:01 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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