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

[Fujimoto, Marcia K.]

Laura, you might want to take a look at RCW 49.48.120.
RCW 49.48.120: Payment on employee's death. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.120>

Marcia
         K.
         Fujimoto


Partner

Miller Nash LLP



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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

NOTICE:  This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying it or disclosing its contents to others.
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