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

Wed May 26 13:56:09 PDT 2021

RCW 49.48.120(1) requires the final paycheck of deceased employee to be issued to next of kin if no executor (e.g. to surviving spouse, then if none, children, then if none, parents). https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.120
RCW 49.48.120(3) also honors the community property agreement as to the final paycheck.

Best,
Nick

Nicholas Pleasants
Owner

[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Laura Latta <laura at lauralatta.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, May 25, 2021 at 3:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Community Property Agreement and Decedent's Last Pay Check

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

On Tue, May 25, 2021 at 3:01 PM Roger Hawkes <Roger at law-hawks.com<mailto: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<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image002.jpg at 01D75236.E0FC1F10]

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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.
***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<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt

--
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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210526/6d9f11e8/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 39035 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210526/6d9f11e8/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 32955 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210526/6d9f11e8/image002.jpg>