[WSBAPT] Does Washington have jurisdiction?

[Jeff at bellanddavispllc.com]

Eric,

 

There is no Florida real estate and the estate is well over $100,000, mostly
liquid assets.  I asked the Successor Trustee to go back to the banks and
ask if they will honor the assignments.  The banks already provided account
balances, which they usually don't do without receiving a copy of the
letters testamentary.  It seems they are honoring the assignments.  Only
time will tell.  Thanks for your response.

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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 <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Wednesday, September 7, 2022 10:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Does Washington have jurisdiction?

 

Weird--what does it take to "officially" change one's address to Florida? It
seems strange to me that Florida won't take jurisdiction-I take it there is
no FL real property held in decedent's name?

 

I think that the Kitsap Bank account is enough of a Washington asset to
allow a probate here, even if decedent is domiciled in Florida and died in
Florida. See RCW 11.96A.040(1)(c)
<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.040> . Since
"ancillary" in Washington is no different from a full probate, the PR should
also be able to access all the nationwide bank accounts as well.

 

But is a probate needed? I guess it depends on whether the banks will honor
the "assignment" of their accounts to the Trust. If they do, then the
successor Trustee should be able to access them without starting a probate.
But if the banks refuse because their records don't show the accounts held
in name of the Trust, then a probate probably will be needed.

 

Just a note, even if total assets are less than $100K I don't think the
small estate affidavit process will work, because decedent wasn't a
Washington resident. RCW 11.62.010(2)(b)
<https://app.leg.wa.gov/RCW/default.aspx?cite=11.62.010> .

 

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> 

 

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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, September 7, 2022 9:45 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Does Washington have jurisdiction?

 

Listmates:

 

Decedent moved from Washington to Florida in May, 2022.  In Florida,
Decedent executed a new pour-over Will and Living Trust under Florida law.
Decedent dies in July.  No real or personal property in Washington.  There
is one account with Kitsap Bank; all other monies are with a nationwide
bank.  The accounts are still in decedent's name, although he "assigned"
them to his trust.  Successor Trustee lives in Ohio.  Apparently no Florida
attorney will take the probate as Decedent had not officially changed his
address to Florida.  Does Washington have jurisdiction to probate Decedent's
estate?  Does there need to be a Washington (ancillary) probate for the one
account?

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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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