[WSBAPT] Question about agreement for distribution of joint bank account

[Sara Longley]

How strong is the evidence your client owns the funds in the account? If all the money is traceable to him I agree with Heather.

Sent from my iPhone

On Oct 13, 2022, at 8:53 AM, Heather de Vrieze <heatherd at westseattlelaw.com> wrote:


I don’t see any reason for probate and a GAL. If brother of decedent, uncle of minor child of decedent wants to gift funds to his nephew, and/or nephew’s mother, there is no reason at all he can’t simply make those gifts. If he wants to avoid gift tax reporting, he could do half of the funds this year, and the remainder in January. An agreement between them would only be important if they felt the need to enforce or explain their understanding should a conflict arise later.

Heather

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, October 13, 2022 7:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question about agreement for distribution of joint bank account

Hi Listmates,

I have a little uneasiness about doing this, so wanted to run it by the group for thoughts.

Decedent had a joint bank account with his brother (brother would be my client).  Decedent has an 11-year-old son with an ex-partner.  The account holds about $55,000.  Decedent died intestate and with no other assets of value.  No probate is needed, theoretically speaking.  But ex-partner is upset about back child support Decedent owed.

My client is the owner of the funds in the account, so he has the right to keep the funds (barring someone filing a claim on non-probate assets).  But he wants them to go to his 11-year-old nephew, so he has asked me to draft an agreement with the ex-partner, in which she agrees to split the account in half; half going into a custodial account for the child and half going to her for back child support (although not acknowledged as such).

I think a probate needs to be opened with the appointment of a GAL to investigate and make a recommendation.  Or at the least, a TEDRA agreement with the establishment of a trust for the minor child (with someone other than the mother overseeing the fund of the trust).

Has anyone dealt with something like this before, or have any helpful advice for me?

Thanks,
Candace Wilkerson

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