[WSBAPT] Question about BOA requirement for probate estate account

Cyrus Field cyfield at rockisland.com
Thu Mar 4 11:36:43 PST 2021


If too much of a pain to go back to court, and both agree, I think one PR could delegate in writing authority to other to act on account pursuant to RCW 11.68.095 and 11.98.016.

 

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA

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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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