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

Wed May 26 14:58:56 PDT 2021

Thank you!

On Wed, May 26, 2021 at 2:02 PM Nicholas Pleasants <nick at pleasantslaw.com>
wrote:

> 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
>
>
>
> *[image: (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
>
> www.pleasantslaw.com
>
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> *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> 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
>
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> 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
>
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>
> Kenmore, WA 98028
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>
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>
>
> --
>
>
> *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
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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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