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

[Laura Latta]

That's a good suggestion, Roger. Thank you!

On Tue, May 25, 2021 at 3:01 PM Roger Hawkes <Roger at law-hawks.com> wrote:

> 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
>
> Web site: www.hawkeslawfirm.com
>
>
>
> *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
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
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-- 


*Laura LattaLaw 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.*
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