[WSBAPT] Can an Out-of-state PR use WA Ltrs Testamentary to open an Estate Account in California?

[Philip N. Jones]

California has a statute requiring California bank accounts to be probated in California.  In my opinion, you were very lucky to get that check.
Here’s what you should do with that check:  take it to a different bank right away.  Preferably one in Washington.  Open an estate account and deposit the check. Walk away rapidly.  Do not look back.
Next time, have your client visit a Washington branch of the bank to close the California account.  If the bank does not have branches outside of California, pray.
I express no opinion on the ethics or legality of all of this.  That‘s for you to figure out.  I have not researched those issues.  You should, and advise your client accordingly.
I do express an opinion on the desirability of avoiding the California probate system, which is notorious for expense and delay.
Phil Jones


Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 853-1482 cell

On Mar 14, 2022, at 7:26 PM, Michael Geoghegan <nwstrategyandplanning at outlook.com> wrote:


Dear Listmates,

I represent an out-of-state PR living California. Decedent held accounts with Chase Bank.  PR went to Chase Bank in California, and the bank happily forked over all of Decedent's money in a cashier's check made out to the Estate.

Then it got weird.  Chase refuses to open an estate account to receive the deposit until I send them a letter stating that Letters Testamentary from Washington are "fully enforceable" in California.

Has anyone come across this situation before? Are there jurisdictional limits to Letters Testamentary that preclude Chase from opening the estate account in California?


-Michael


Michael Geoghegan
Northwest Strategy and Planning, PLLC
t: 206.353.5592
e: michael at nwstrategyandplanning.com

w: nwstrategyandplanning.com<http://nwstrategyandplanning.com> | LinkedIN<https://www.linkedin.com/in/michael-geoghegan-5893407>

Scheduling: https://northwest-strategy-and-planning-pllc.appointlet.com


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