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

[Roger Hawkes]

Look at the statutes re wrongful wage withholding and threaten accordingly.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Tuesday, May 25, 2021 2:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Community Property Agreement and Decedent's Last Pay Check

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 Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028

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