[WSBAPT] Joint Bank Account

[Joshua McKarcher]

Nick is spot-on from my angle. I add only that I have a private investigator who will probably find that joint tenant before you finish giving her his/her name. I do not know how she does it, but does she ever! I’m nuts about her, and she’s as pleasant as punch to work with. Crazy reasonable (read: low) fees. Email me separately if you’d like her info. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Nick Pleasants <npleasants at ohswlaw.com>
Sent: Monday, September 12, 2022 1:19:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Joint Bank Account


You’re going to need to figure out what happened to the joint owner. Sister can hire a skip-tracer, private investigator, or maybe HeirSearch.com to see if JT is deceased. You can also search a lot of death records on Ancestry.com

If JT predeceased your client’s sibling, then just get the death certificate, have the bank process that and confirm decedent as the sole owner at time of death, then small estate affidavit to get it.

If JT survived decedent, then JT owns the account unless you want to make an argument that it was never intended for JT to have right of survivorship (typically the argument is JT was added for “mere convenience” to pay bills or something). See RCW 30A.22.100, standard of proof is clear and convincing. Good luck!

Best,

Nick

Nicholas Pleasants | Shareholder



[OseranHahnAttyatLaw 8]



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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, September 12, 2022 11:51 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Joint Bank Account



Listmates:



Decedent set up two bank accounts as JTWROS with 1st Security Bank.  No one knows where the joint owner lives, or whether that person is alive.  It is a person the decedent had a relationship with some 20 years ago.  Bank, of course, will not talk to us even though probate was started.  The total account balances are well under $100,000.00.   Sister is the blood relative trying to access the accounts.  Any thoughts on how to get the money?



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




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