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

[Josh Grant]

issue a claim of successor to employer

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Laura Latta 
Sent: Tuesday, May 25, 2021 2:45 PM
To: WSBA Probate & Trust Listserv 
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 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

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.



--------------------------------------------------------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210525/7f7c3075/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210525/7f7c3075/advocates3.png>