[WSBAPT] out of state bank account - Estate access to co-owned safe deposit box
Andrekita Silva
ak at seattle-silvalaw.com
Tue Aug 30 15:19:49 PDT 2022
Law Office of
F.ANDREKITA SILVA
_______________________________________________________
August 30, 2022
Diane,
That doesn’t really make sense. As I understand it, a party must be
PRESENT /in person/ to open up a bank account.
I had a situation a couple years ago where the PR was out of state.
Chase did not permit her to open an account in Washington as, sadly,
she had already left town when she thought of opening it here in
Washington where the probate was filed and where decedent lived.
She was having problems figuring out how to open a checking account
(yes- you read that right- she’d never before handled a checking
account). I met with the Chase bank manager here in Seattle and they
worked directly with a Chase representative in the PR’s hometown out
of state and walked her though opening it.
So, maybe talk to a local bank manager and work with them to get the
account opened for PR out of state where she lives.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting "Diane J. Kiepe" <DJKiepe at depdslaw.com>:
> Hi all
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> Just had a bank representative tell our PR down in FL that,
> because decedent was a Washington Resident, the account could not be
> opened in Florida (CHASE BANK mind you). I know that some of you
> have had success with just a letter and have shared it on listserv.
> If any of you could share that again, I’m looking for a base to
> start with.
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> Thanks in advance.
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> /Diane J. Kiepe/
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> / /
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> Diane J. Kiepe
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> Douglas Eden
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> 717 W. Sprague Ave.
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> Suite 1500
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> Spokane, WA 99201
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> djkiepe at depdslaw.com
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> 509-455-5300
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Jennifer L White
> SENT: Thursday, August 18, 2022 10:35 AM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Estate access to co-owned safe deposit box
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> Glad to provide some comic relief, but in all reality it is a sad
> state of affairs for what dealing with banks has become, and I feel
> for my PR’s that have to deal with it, often times with multiple
> institutions. Another case in point of frustration, my own practice.
> When we moved to Yakima a few years ago, I established accounts at a
> local credit union (Not BECU – LOL). Over the course of being here,
> the place has gone downhill to the point where there are no tellers.
> There are just machines in the building and the few staff members on
> site are only there to guide you to a machine. They do not know up
> from down and are zero help in most instances. I do most of my
> banking online, but on the occasion I need to go to the branch, it
> is because I need a human being to do something higher level. The
> last straw was when they told me a few months ago they were no
> longer going to offer IOLTA’s and that I needed to get the funds
> moved by X date. I ended up going to three other banks before I
> could get a new IOLTA (and then removed my other business banking
> too). Two of the places said they had never heard of an IOLTA. One
> of these was a national bank – “I’m the branch manager and have been
> here 10 years. I’ve never heard of such a thing.” The 3rd one I
> approached, could do the IOLTA, but it was a massively painful
> undertaking. It took literally multiple different offices within the
> bank hierarchy and hours of my time to get it done. As I sat there
> for two hours trying to get out on meeting #3, I was given the hard
> sell for all kinds of loan products “to go with” my business
> accounts. I’m just a one woman show with very simple requirements.
> I’m sure this aggravation is not unique to me and is duplicated over
> and over and over….
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> Jennifer L. White, Esq.
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> /jen at appletreelaw.com/
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> PO Box 11037
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> Yakima, WA 98909
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> 509.225.9813
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> FROM: wsbapt-bounces at lists.wsbarppt.com[1]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Joshua McKarcher
> SENT: Wednesday, August 17, 2022 7:01 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Estate access to co-owned safe deposit box
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> This is priceless, Jennifer. The Walmart of finance!!! Thank
> you for that end to a stressful day . . .
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> Joshua D. McKarcher
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> McKarcher Law PLLC
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> 537 6th Street
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> Clarkston, WA 99403
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> (509) 758-3345
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> (509) 758-3314 (fax)
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> josh at mckarcherlaw.com
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> www.mckarcherlaw.com[2]
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> -------------------------
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jennifer L White
> <jen at appletreelaw.com>
> SENT: Wednesday, August 17, 2022 5:06:03 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Estate access to co-owned safe deposit box
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> Banks – the Walmart of finance…. ☹
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> It will probably take less of your time to prep a simple order
> directing them to open that box than to continue beating your head
> against the thick bank wall of ignorance.
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> Jennifer L. White, Esq.
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> /jen at appletreelaw.com/
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> PO Box 11037
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> Yakima, WA 98909
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> 509.225.9813
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> FROM: wsbapt-bounces at lists.wsbarppt.com[1]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF
> Jeff at bellanddavispllc.com
> SENT: Wednesday, August 17, 2022 3:42 PM
> TO: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Estate access to co-owned safe deposit box
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> Eric,
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> I feel your pain. If possible, try talking with the branch
> manager. The PR has a right to collect the decedent’s stuff,
> including what’s in the bank box. The other option is trying to
> find an outside counsel for Chase, who you can lead you to the right
> in-house counsel to resolve the matter. I am not sure how you get a
> court order to require the bank to give you access. I guess you
> could serve the bank manager with the motion for an order requiring
> the bank to provide access; and ask for terms.
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> Jeff
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> W. JEFF DAVIS
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> BELL & DAVIS PLLC
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> ATTORNEYS AT LAW
> P.O. Box 510
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> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com[3]
>
> 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 or call 360.683.1129.
>
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> FROM: wsbapt-bounces at lists.wsbarppt.com[1]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Eric Nelsen
> SENT: Wednesday, August 17, 2022 3:19 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Estate access to co-owned safe deposit box
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> Decedent and decedent’s sister are both named on a safe deposit
> box in Seattle at Chase Bank. The living sister is 90+ years old,
> infirm, and lives in another state. The PR has the key, has Letters
> Testamentary, and wants access—and Chase is telling him he needs
> either a court order or written permission from the sister.
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> I have never encountered this problem. The decedent never
> needed permission to access their own sd box; why should the PR? Am
> I missing something? Am I blinded by my usual rage at the endless
> bank bureaucracy that never allows me to talk to the legal
> department but insists that their stupid position be transmitted to
> me via a hapless and innocent teller?
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> Sincerely,
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> Eric
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> Eric C. Nelsen
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> Sayre Law Offices, PLLC
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> 1417 31st Ave South
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> Seattle WA 98144-3909
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> 206-625-0092
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> eric at sayrelawoffices.com
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> 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.
>
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Links:
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[1] mailto:wsbapt-bounces at lists.wsbarppt.com
[2]
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mckarcherlaw.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=KM3jMTDenDHHZAQnOm2fx8tZQWCWDcbZiFxTzcFub7k&s=xY9l1-jrdNpdTfWyRGH5v2G5pOdunuXrXbeNkEWvodk&e=
[3]
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bellanddavispllc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=gG1yd8G_KlZz7yNOZgnDXHGlNjnFYtCYZVKDnlA3saE&s=cPtpUDZ4nAb1N-0R3CWnVZQi7Q46Bs7n7qjV-yyBUB8&e=
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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