[WSBAPT] Probate Heir Obtaining Deceased Parent's Bank Records

[Eric Nelsen]

I don't think there is a specific mechanism short of discovery in a TEDRA and/or objecting to any attempt to close the estate and demanding an accounting and documentation confirming that in fact the bank account funds are estate money and not non-probate.

But more importantly, I think there is something else going on here. If the account was genuinely set up as JTWROS or POD, with the depositor's signature on the proper documentation, then I cannot imagine the bank would refuse to follow their own documentation. They subject themselves to far more liability if they turn the money over to the PR on the basis that the depositor "didn't really intend" to create a POD account. It's not the bank's call to decide if the depositor "intended" what they signed. The bank just follows what its documentation says.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, August 8, 2022 8:53 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Heir Obtaining Deceased Parent's Bank Records

Josh,

The problem here is the PR is the one doing the meddling.  He has the information and has been able to make the accounts estate accounts.  He won't show the bank information on how the accounts were originally set up.  That's the information we want.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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 Joshua McKarcher
Sent: Friday, August 5, 2022 11:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate Heir Obtaining Deceased Parent's Bank Records

Hi Jeff,

Can't the PR get everything? It is still the decedent's account and that person is holding Letters.

If the bank refuses to turn over documents to the PR and the named TOD beneficiary, well then, the bank is violating a whole bunch of laws ("To whom DO you owe anything?") and you'll (hopefully) have no problem getting the attention of their legal department.

Good luck! Best, Josh

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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Friday, August 5, 2022 11:35 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate Heir Obtaining Deceased Parent's Bank Records

Listmates:

Client is an heir to parent's estate and also POD beneficiaries on several accounts.  Parent had also put other siblings on separate accounts as POD beneficiaries.  According to information provided by sibling PR, client is a POD beneficiary on two additional accounts.  However, when client went to bank to obtain the funds, the banker refused to show client the file and said, in reviewing the file, the parent really did not intend to make client a POD beneficiary.  The PR has been dealing with a branch, of the bank, in that person's home town where that person is well known.

Client wants to see the bank's file and how parent set things up.  Short of starting a TEDRA action, is there some process within the probate proceeding for the client to seek turnover of the bank records?

Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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