[WSBAPT] Financial exploitation of vulnerable adult

Tue Aug 2 15:06:35 PDT 2022

I fell on my face with a case like this; no APS findings can be presented in court to substantiate use of the slayer statute, so it didn’t work for me.

Best,
Candace Wikerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

[cid:image001.png at 01D8A69A.99095650]
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

9840 Willows Road NE, Suite 200  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

Please leave us a review on Google by clicking here<https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8>.
Please leave us a review on Yelp by clicking here.<https://www.yelp.com/biz/wong-fleming-redmond>

[cid:image003.png at 01D8A69A.99095650]
[cid:image004.jpg at 01D8A69A.99095650]
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

[cid:image001.png at 01D8A69A.99095650]
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

Please leave us a review on Google by clicking here<https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8>.
Please leave us a review on Yelp by clicking here.<https://www.yelp.com/biz/wong-fleming-redmond>

[cid:image003.png at 01D8A69A.99095650]
[cid:image004.jpg at 01D8A69A.99095650]
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jayne Marsh Gilbert
Sent: Monday, August 1, 2022 6:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Financial exploitation of vulnerable adult

I have successfully appealed to the Court for an order directing
the holding company to withhold distribution until a further court
order directs distribution. (Some financial entities will not block
an account without a court order).

I wholeheartedly agree that you need to Motion the court immediately.
I did it ex parte.
On Friday, July 29, 2022 at 02:31:32 PM PDT, Jennifer L White <jen at appletreelaw.com<mailto:jen at appletreelaw.com>> wrote:

Jared,

While as Mark pointed out, the technical answer is no, the same facts APS found are going to help you in trying to void the gifts. Slayer statute is only one claim to pursue in this case. Sounds like you have the makings for pursuing  undue influence and lack of competence angles to void them out too. Take a look at the Dean v. Jordan and Estate of Lint cases to get you going.

As a practical matter, I suggest you immediately send a written notice/letter to whomever has the TOD account and demand that they not pay it out. This should be done yesterday 😊. The assets in the RLT won’t be readily available to the abuser with the successor trustee in charge. If the TOD gets paid out and the ‘care giver’ gets their hands on them, they could easily disappear, and the law of the jungle rules of actual possession can end up trumping all of your court orders.

Jennifer L. White, Esq.

[cid:image005.jpg at 01D8A69A.99095650]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>

PO Box 11037

Yakima, WA 98909

509.225.9813

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 Jared E. Adams
Sent: Friday, July 29, 2022 1:10 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Financial exploitation of vulnerable adult

Hi All,

This is a new one for me. I am representing the successor Trustee of a living trust, which includes a substantial gift to a former caregiver of the trustor. The former caregiver is also a beneficiary on a TOD brokerage account.

The caregiver was recently investigated by APS and they have determined this is a “substantiated case” for financial exploitation of vulnerable adult. But, that is as far as APS takes the matter. The family doesn’t intend to pursue court action because the caregiver has no resources for them to recover. Their big question is whether APS’s determination of this being a “substantiated case” is sufficient to trigger RCW 11.84.020 (Slayer or abuser not to benefit from death) and preclude the gifts to the caregiver under the trust and TOD account.

Have any of you dealt with this before? Thank you in advance for any guidance!

Jared

Jared E. Adams, JD, LL.M.

Condie & Adams, PLLC

611 4th Avenue, Suite A

Kirkland, WA  98033

(voice):  (425) 450-1040

(fax):  (425) 450-1041

(email): jared at condieadams.com<mailto:jared at condieadams.com>

(web): www.condieadams.com<https://url.emailprotection.link/?bvMBueq4UBcE97bAA6TI-iisQFEPEFE3z1XzAP57nhG8Rvt56dqNcXAglbzUpQbG4Ubr434vbCID7y1RNqlQ-n2H8XJIMthvsVOh8ml6lnUsxwbzAqMYoBiq-5M3hVImLDk8LYoa5qhwn7-liVGXRtLaxBYz3zwQaF6WLN0pgTAn1YmunMd9xVZduqTbJckqDrkQUxV-8Lod9SsLMmwfliJdAy8JV4TZ5I91uj-mSAifvlJtGg0uFZQEsogzre_YAMYCSYNaCgSKjGT5-bf2ZYxp1sJ3Q9oo_B7P9SeOCVWsH-fVO-m4ycVqwtbDht_uUT_hbnfZKRmigbW0KpuepNfar819J6q7ZDH52RuPmacqEHu3mHENF6xB9OrrYo6eB>

Unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

PLEASE READ THIS ENTIRE DISCLAIMER

This message is from the Law Office of CONDIE & ADAMS, PLLC, and is intended only for the addressee.  The information contained in this message is privileged, confidential, and protected by the attorney-client or attorney work product privileges.  Unauthorized forwarding, printing, copying, distribution, disclosure or use of such information is strictly prohibited.  If you are not the addressee, please promptly delete this message and notify the sender of the delivery error by return e-mail or you may call our office at (425) 450-1040. Nothing in this message should be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document.

***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<https://url.emailprotection.link/?b8D4W6i94r_YouK_VQ7r946aNlX_FJtIJLZht57cUUhutlYDMABaPU2qCokRrKDfsNRrIQcNV352gYDJLRuqRg_ZN7hh1J4Ffi7iLiZ6uQHoJQmKPNN2CboOI314y9hp1>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220802/49dbdbdf/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 18978 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220802/49dbdbdf/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 151 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220802/49dbdbdf/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 5985 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220802/49dbdbdf/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 5042 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220802/49dbdbdf/image004-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220802/49dbdbdf/image005-0001.jpg>