[WSBAPT] Joint Account (wros) and final distribution

[Nick Pleasants]

Jeff,
Take a look at RCW 30A.22.100(2). It is a rebuttable presumption of survivorship. Challenging beneficiary needs clear and convincing evidence to overturn the presumption. See Taufen v. Estate of Kirpes, 155 Wash.App. 598, 230 P.3d 199 (2010).
You have a potential conflict if representing PR in fiduciary capacity and PR in personal capacity. It might be appropriate to have PR obtain separate counsel to represent them in their personal capacity, especially if the joint account is sizable.
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, September 14, 2022 11:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Joint Account (wros) and final distribution

I expect the judge/commissioner will adhere to the statute giving the money to the other joint owner.

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 Heather de Vrieze
Sent: Wednesday, September 14, 2022 11:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Joint Account (wros) and final distribution

Jeff,

Your client's position is the presumption under the law. Evidence that the intent was otherwise (i.e. not intended to go to Personal Representative/friend) could overcome that presumption. Intent matters in these situations.

Is the Personal Representative also seeking payment for services? Maybe the account was intended to cover such fees.

Is the Personal Representative also a beneficiary of probate assets, or is this it? Would Personal Representative have taken the job if they knew they weren't getting anything from that account, but could only be compensated for services provided.

How much are we talking about. If it doesn't dramatically change the ultimate distribution to the beneficiaries, maybe they won't care. If you disclose it in a final "report" or "accounting" and they still sign their receipt and waiver, it won't matter.

I think the client needs to understand the possibility of their receipt of the account being challenged, and the beneficiaries need to know the account exists so they have the opportunity to voice a challenge. I would generally not expect a challenge unless the amount at stake was substantial or knew the family dynamics.

Heather

Heather S. de Vrieze
Attorney-at-Law
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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 14, 2022 10:56 AM
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Subject: [WSBAPT] Joint Account (wros) and final distribution

Listmates:

This is a combined legal and ethical question.  Decedent set up bank account with the PR (friend) as JTWROS so the PR could easily pay bills and fund probate.  Only the decedent's money went into the account.  PR now, appears, to take the position that the money is hers; and has reimbursed the joint account, from the estate account, for probate costs.  I anticipate at least one beneficiary, a big charity, will challenge these transactions.  There have been discussions about joint accounts, but will the Court honor the JTWROS or deem it an estate asset?  What are my duties to defend the PR's position?  I look at the Trask case, but not sure how it applies here.  Your perspective would be helpful.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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