[WSBAPT] LLC rights

[Marcus J. Fry]

Shannon:
Not only do you have to do the dx suggested by Stuart and others, but you need to update the Secretary of State's site for the LLC as often the bank views the SOS's site as the final arbiter on who has authority for a company.


Marcus J. Fry
Attorney | Witherspoon * Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://www.witherspoonkelley.com/marcus-j-fry> | vCard<https://www.witherspoonkelley.com/s/mfj.vcf>

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witherspoonkelley.com


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stuart Scarff
Sent: Thursday, July 28, 2022 3:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLC rights

Shannon,

I suggest drafting a Consent Resolution acknowledging the Personal Representative/Estate as the LLC's sole member and electing the Personal Representative as the LLC Manager and granting the Manager broad authority to manage the LLC, including all banking matters.

Call me if you wish to discuss.

Stuart Scarff, Esq.
3035 Island Crest Way, Suite 201
Mercer Island, WA  98040
206.236.1500
206.905.5912 (fax)
https://link.edgepilot.com/s/7a4570f1/YMbyMKoKlUG6nd4jQDMnEw?u=http://www.scarfflaw.com/
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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: Thursday, July 28, 2022 3:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] LLC rights

Take a look at RCW 11.48.025<https://app.leg.wa.gov/rcw/default.aspx?cite=11.48.025>, it might not apply depending on whether there was a Will. You could seek an Order under that statute if it would make the credit union happy.

Nicholas Pleasants | Shareholder

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11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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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 Shannon Jones
Sent: Thursday, July 28, 2022 3:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] LLC rights

Listmates, I represent a PR. Estate includes an LLC in which decedent was only member. No LLC agreement. Ongoing lease payments are deposited to the LLC bank account monthly. The PR needs to access this account during pendency of the probate. RCW 26.15.131(5) says PR has this right but when he went into credit union with Letters, they would not allow any access. It's a non-intervention probate. What is the best way to deal with the credit union? A letter from my office, an LLC "resolution"? Any advice or helpful forms appreciated - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://link.edgepilot.com/s/331ec214/ZTHv7JXF0EmxrrXgXk6BsA?u=https://campbellbarnettlaw.com/>


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