[WSBAPT] Question on BECU and co-conservators acting

Tue Dec 13 17:23:33 PST 2022

I have a probate open with Co-Administrators and BECU required BOTH to sign to close the decedent's account and transfer the funds to the estate account that they have opened at Chase.

All of this is so arbitrary. It is frustrating to see banks and credit unions making up their own rules and defying court orders.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>

[signatureLogo][cid:image006.png at 01D90F17.9D5EA3F0][cid:image007.jpg at 01D90F17.9D5EA3F0]

THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of M. Ian Wyckoff
Sent: Tuesday, December 13, 2022 4:07 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com)' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question on BECU and co-conservators acting

I would be interested to hear if anyone has ever successfully obtained TEDRA fees against a national bank through a Washington probate. There may be serious federalism issues lurking in the background (as there are, e.g., when litigating against plan administrators under ERISA).

-Ian

M. Ian Wyckoff | WYCKOFF LAW, PLLC
ian at wyckoff.law<mailto:ian at wyckoff.law> | p: (206) 774-1674 | f: (206) 774-0966
1024 SW 149th St.
Burien, WA 98166

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 Candace Wilkerson
Sent: Tuesday, December 13, 2022 4:04 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>)' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question on BECU and co-conservators acting

I appreciate the thoughts.  Unfortunately, the credit union won't even allow my clients to request that the account be closed and funds disbursed without a court order allowing this.  It makes no sense that the clients have to spend additional funds from the Respondent's estate just to satisfy this arbitrary policy of a financial institution.  I understand the risk management issue, but the reality is that they are ignoring a valid order of the King County superior Court that allows both clients to manage Respondent's financial accounts.

Best,
Candace

*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:image008.png at 01D90F17.9D5EA3F0]
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://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.google.com%2Fsearch%3Fq%3Dgoogle%2Bwong%2Bfleming%26rlz%3D1C1SQJL_enUS925US925%26oq%3Dgoogle%2Bwong%2Bfleming%26aqs%3Dchrome..69i57j69i64.2183j1j4%26sourceid%3Dchrome%26ie%3DUTF-8&data=05%7C01%7C%7Cf4905c86bc7c470def9608dadd68a898%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638065738829954760%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=J16pu4woJbimBchJ3k5sXb744zJUbK9hiWmo84Kk3%2F4%3D&reserved=0>.
Please leave us a review on Yelp by clicking here.<https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.yelp.com%2Fbiz%2Fwong-fleming-redmond&data=05%7C01%7C%7Cf4905c86bc7c470def9608dadd68a898%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638065738829954760%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=1nFFb%2BNFTSe%2F4Jkou11tXyOMBuJerBI%2FIKaw%2Bq2OgCU%3D&reserved=0>

[cid:image010.png at 01D90F17.9D5EA3F0]
[cid:image011.jpg at 01D90F17.9D5EA3F0]
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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Nick Pleasants
Sent: Tuesday, December 13, 2022 6:31 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>)' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Question on BECU and co-conservators acting

Yes, I have had the exact same problem. I strongly discourage co-conservators for that reason. I don't think BECU is liable for your fees, they are following their internal risk management. Chase Bank says the same thing. Can you just open a guardianship account somewhere else? Then have the co-conservators close the BECU account and deposit the money elsewhere.

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 Candace Wilkerson
Sent: Tuesday, December 13, 2022 1:15 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>)' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Question on BECU and co-conservators acting

Hi Listmates,

I've run into this problem before with a probate case, but not in a conservatorship.  I have 2 clients recently appointed as co-conservators, and now BECU is demanding that we go back to court to obtain *another* order allowing them to ask individually regarding the Respondent's account at BECU.

According to the BECU representative I've been emailing with, BECU "BECU does not support dual signing."  This is ridiculous!

According to RCW 11.130.050(4):

Unless an order of appointment under subsection (1) of this section or subsequent order states otherwise, co-guardians or co-conservators shall make decisions jointly.

In the last probate case with this issue (not with BECU), one of my clients was able to sign a delegation of authority to the other co-PR, solving the problem.  But according to the statute cited above, that may not be allowed here.

I imagine the King County ex parte department is at least 1 month out for a hearing (I have too many people to notify in this case to do it without notice).  Does anyone have a suggestion?  The funds are at BECU and my clients need to access them as soon as possible.  I have threatened that I will ask the court to order that BECU pay all of the fees and costs for going back for another order allowing individual action, but I doubt BECU will care.

Thanks,
Candace Wilkerson

*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:image008.png at 01D90F17.9D5EA3F0]
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://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3Fbaf6tmSi8Q8A-qOCy4k25ZuFLhyHmMqwv-ELJRzJQ8gLVba3Z8jeHPxTxt1xwmdZE0fzKG0emLLsVhvuioUkWXFFmZMBYpRkCCwhyokvdYO-jWTh9kzkBvQSBmJupzXQjtHZTRFeiP6joKiaQjCxwdi_jpyOlBHYGai1Tf4iw_H5tTpxEcwPykTkJ7Uk8HSCYuUsQbJFazUdD3emwQnk1QQ~~&data=05%7C01%7C%7Cf4905c86bc7c470def9608dadd68a898%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638065738830110974%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=O8rYEedOspG4JjAfl92RVIwHdlH3e0HFyItecMQ7nFc%3D&reserved=0>.
Please leave us a review on Yelp by clicking here.<https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3FbPLIs0SLoZ_mobljRyGQy47Yoe2hRKIfP5qOwHsAqftn6ukBiyuigk-ve5Wwa7IrqIMz2IGa1Y9raisrtcPkAGFdkg1PWdoCwYuoujYgAknnXny2U2lKd7z9eFGvsFtEf&data=05%7C01%7C%7Cf4905c86bc7c470def9608dadd68a898%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C638065738830110974%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=9uumAzS2WHlSd0hCSSeJrlPWsSv2ajzwBfia94cT6SY%3D&reserved=0>

[cid:image010.png at 01D90F17.9D5EA3F0]
[cid:image011.jpg at 01D90F17.9D5EA3F0]
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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 4728 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image005-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 13930 bytes
Desc: image006.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image006-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 4882 bytes
Desc: image007.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image007-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 18978 bytes
Desc: image008.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image008-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 151 bytes
Desc: image009.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image009-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.png
Type: image/png
Size: 5985 bytes
Desc: image010.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image010-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image011.jpg
Type: image/jpeg
Size: 5042 bytes
Desc: image011.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221214/c658faa0/image011-0001.jpg>