[WSBAPT] Community Property Agreement and Decedent's Last Pay Check

[Laura Latta]

Hello Listmates,

I'm representing a surviving spouse who has been able to
successfully transfer all assets (so far) on the basis of a community
property agreement. However, the decedent's employer is insisting on
issuing the last paycheck to the Estate of the decedent. I've not come
across this before as I nearly always handle cases where we are opening a
probate.  Obviously we don't want to open a probate just to cash a last
paycheck.

I'd love to hear your ideas and strategies to:

1) Convince the employer to honor the CPA and issue the check to the
surviving spouse; or

2) Allow the surviving spouse to cash a check made out to the estate
without letters testamentary. Could it be as simple as presenting the
paycheck to the bank with the CPA? I'm not sure if  RCW 30A.22.190
<https://app.leg.wa.gov/RCW/default.aspx?cite=30A.22.190> will help because
the check is made out to the estate rather than the decedent.

3) Other approaches?

-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



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