[WSBAPT] Joint Account with no Surviving Joint Owner

Thu Jun 2 13:51:32 PDT 2022

Thank you all for responding to this question.  GF cannot be found; we don't
even know if she is alive or if she predeceased our decedent (which would
solve the matter).  We will ask for the signature card!

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Diane J. Kiepe
Sent: Thursday, June 2, 2022 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Joint Account with no Surviving Joint Owner

I don't believe it's not a matter about sourcing/tracing.  When bank
beneficiary designations are made they trump barring Superwill drafting.
Based on the amount involved you may have some starting ground under TEDRA
11.96A but even then, in the end, if the account was "joint with right of
survivorship" source does not matter; it's as if a gift were made to the
joint party.  

It's a very unfortunate set of facts where I see hope only under TEDRA
filing and a settlement happening either once gf is found and/or her heirs.

I assume by the exchange she survived and you just can't find her now - I
would ask the bank for a copy of the signature card showing survivorship
rights and I believe you are entitled to that.  As we all know "joint" alone
doesn't convey survivorship rights barring more.

Best,

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

509-455-5300

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: Wednesday, June 1, 2022 11:27 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Joint Account with no Surviving Joint Owner

But what if I can prove the monies in the account were the decedent's
separate property, i.e, earnings and an inheritance from his mother?

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged,
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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 Eric Nelsen
Sent: Wednesday, June 1, 2022 11:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Joint Account with no Surviving Joint Owner

It's a non-probate asset so Estate doesn't have an immediate right to the
funds. If there is a basis for imposing a portion of Estate expenses on the
non-probate asset, there might be a right. See RCW 11.10.040
<https://app.leg.wa.gov/RCW/default.aspx?cite=11.10&full=true#11.10.040>
and that RCW Chapter generally, and RCW 11.18.200
<https://app.leg.wa.gov/RCW/default.aspx?cite=11.18.200> .

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
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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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, June 1, 2022 11:02 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Joint Account with no Surviving Joint Owner

Listmates:

At time of death, decedent had a joint bank account with gf. Its been over
six months and gf cannot now be found.  Bank says estate can't access the
account.  Is there anyway for estate to get at account, or is the money
going to the State?

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> 
 <http://www.bellanddavispllc.com/> 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  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

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