[WSBAPT] minor beneficiaries and GALs

Fri Apr 14 09:24:34 PDT 2023

Thanks, Sharon.  Perhaps there should be a 'floor' of dollar amounts.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Friday, April 14, 2023 9:04 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] minor beneficiaries and GALs

We had one probate where the minor beneficiaries were getting a percentage of the estate. For that one, the court required appointment of a GAL. The commissioner added the requirement to the order. 

More recently, we had minors getting specific cash gifts that were a relatively small portion of the estate. The will called for their gifts to go into UTMA accounts. We pointed these things out to the court and asked that a GAL not be appointed, to save the estate money. The court added a note to the order requiring the PR to send proof to the minors' parents that their gifts had been deposited into UTMA accounts, but did not require a GAL.   

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com 
Website: www.salmonbaylaw.com
Washington State Bar #47055

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The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine, and/or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.

-----Original Message-----
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Sent: Friday, April 14, 2023 8:25 AM
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Subject: WSBAPT Digest, Vol 103, Issue 15

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Today's Topics:

   1. Re: PR Authority In Other State (Jacob Menashe)
   2. When must a GAL be appointed for a minor beneficiary?
      (Jon Fritzler)
   3. Re: PR Authority In Other State (Jamia Burns)
   4. Re: PR Authority In Other State (Kokie Adams)
   5. Re: When must a GAL be appointed for a minor beneficiary?
      (Heather de Vrieze)
   6. Re: PR Authority In Other State (Philip N. Jones)
   7. Re: When must a GAL be appointed for a minor beneficiary?
      (Jon Fritzler)
   8. Capacity to sign POA (susan at pepetersonlaw.com)
   9. Re: Capacity to sign POA (Heather de Vrieze)
  10. Re: PR Authority In Other State (Jacob Menashe)
  11. Re: PR Authority In Other State (Candace Wilkerson)

----------------------------------------------------------------------

Message: 1
Date: Thu, 13 Apr 2023 20:17:49 +0000
From: Jacob Menashe <jacob at hickmanmenashe.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State
Message-ID:
	<MW4PR17MB432299BC5934F9B82FC64979C2989 at MW4PR17MB4322.namprd17.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Thank you Heather and Megan!

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Megan S. Farr
Sent: Thursday, April 13, 2023 9:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State

Same. In such cases we advise the client to open an estate account with a bank that operates in WA and also the state they reside, but to actually go to a branch in WA to do so.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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: Thursday, April 13, 2023 8:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Jacob,

I have found that my Oregon PRs have to open estate accounts in Washington, either when they are in town dealing with the estate anyway, or a special trip into Vancouver.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D96E0A.579AA060]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Jacob Menashe
Sent: Wednesday, April 12, 2023 5:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR Authority In Other State

A branch of a large national bank in Oregon is saying before they?ll open an estate account they want a letter from the PR?s lawyer (me) saying the Washington court authority is enforceable in Oregon. Has anybody dealt with this? I?ve heard rumblings of this before, and we solved it a different way, but I figured folks out there have faced this issue and may have words of wisdom for me. (I likely won?t see replies when sent because I?m out of the country and 10 hours ahead, but that doesn?t mean responses won?t be appreciated!)

Thanks!

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com

CONFIDENTIALITY: The contents of this message and any attachment(s) may contain confidential or privileged information. Any disclosure, copying, distribution, or unauthorized use of the contents of this message is prohibited and doing so may destroy the confidential nature of the communication.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail.  Instead, please notify us immediately by replying to this message or telephoning us at (425) 744-5658.
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Message: 2
Date: Thu, 13 Apr 2023 20:48:32 +0000
From: Jon Fritzler <FritzlerLaw at outlook.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] When must a GAL be appointed for a minor
	beneficiary?
Message-ID:
	<CO6PR02MB768165A23CDA812FC42FD388AE989 at CO6PR02MB7681.namprd02.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Decedent's Will makes a substantial bequest to a minor and instructs that it be placed in a UTMA account until the beneficiary is 25.  The Will names the PR as the Custodian. Does the PR need to request that a GAL be appointed for the minor?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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Message: 3
Date: Thu, 13 Apr 2023 14:31:07 -0700
From: Jamia Burns <jamia at jamiaburnslaw.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State
Message-ID:
	<CAMMZcdTj7YhOE6UH5XDaOmV5qR3VWCMwbixg3G_+f0yHg4xJ+w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

I recently had an executor in California and Chase bank made them come to
Washington to open an estate bank account, even though it is a national
bank! I have never had that issue before. Now I am encouraging all out of
state executors to plan to be in town long enough to get the Letters and
open an estate bank account before they leave.

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

NOTICE: This e-mail may contain confidential or privileged material and is
intended for use solely by the above-referenced recipient. Any review,
copying, printing, disclosure, distribution, or other use by any other
person or entity is strictly prohibited. If you are not the named
recipient, or believe you have received this e-mail in error, please reply
to the sender and delete the copy you received. Thank you.

On Thu, Apr 13, 2023 at 11:15?AM Philip N. Jones <pjones at duffykekel.com>
wrote:

> Does anyone know why banks are taking that position?
>
> Phil Jones
>
>
>
> Philip N. Jones
>
> Duffy Kekel LLP
>
> 900 S.W. Fifth Ave. Suite 2500
>
> Portland, OR 97204
>
> pjones at duffykekel.com
>
> (503) 226-1371 ? office
>
> (503) 853-1482 ? cell
>
> (503) 226-3574 - fax
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Megan S. Farr
> *Sent:* Thursday, April 13, 2023 9:59 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] PR Authority In Other State
>
>
>
> Same. In such cases we advise the client to open an estate account with a
> bank that operates in WA and also the state they reside, but to actually go
> to a branch in WA to do so.
>
>
>
> *Megan S. Farr*
>
> Member | *Farr Law Group, **PLLC*
>
> 1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
>
> 360.825.6581 (o) | 360.825.0780 (f)
>
>
>
> This communication is intended only for the above-named recipient.  It
> might contain information that is subject to the attorney-client privilege
> and/or is otherwise confidential.  If you are not the intended recipient,
> please immediately notify the above-named sender.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Heather de Vrieze
> *Sent:* Thursday, April 13, 2023 8:48 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] PR Authority In Other State
>
>
>
> Jacob,
>
>
>
> I have found that my Oregon PRs have to open estate accounts in
> Washington, either when they are in town dealing with the estate anyway, or
> a special trip into Vancouver.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook:   **[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
> of this e-mail message and any attachment.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jacob Menashe
> *Sent:* Wednesday, April 12, 2023 5:21 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] PR Authority In Other State
>
>
>
> A branch of a large national bank in Oregon is saying before they?ll open
> an estate account they want a letter from the PR?s lawyer (me) saying the
> Washington court authority is enforceable in Oregon. Has anybody dealt with
> this? I?ve heard rumblings of this before, and we solved it a different
> way, but I figured folks out there have faced this issue and may have words
> of wisdom for me. (I likely won?t see replies when sent because I?m out of
> the country and 10 hours ahead, but that doesn?t mean responses won?t be
> appreciated!)
>
>
>
> Thanks!
>
>
>
> Jacob
>
>
>
> Jacob H. Menashe
>
> Hickman Menashe, PS
>
> 4211 Alderwood Mall Blvd., Suite 204
>
> Lynnwood, WA 98036
>
> (425) 744-5658 phone
>
> (425) 744-6078 fax
>
> Satellite Office in Bellevue
>
> www.hickmanmenashe.com
>
>
>
> *CONFIDENTIALITY:* The contents of this message and any attachment(s) may
> contain confidential or privileged information. Any disclosure, copying,
> distribution, or unauthorized use of the contents of this message is
> prohibited and doing so may destroy the confidential nature of the
> communication.  If you have received this message by mistake, please do not
> review, disclose, copy, or distribute the e-mail.  Instead, please notify
> us immediately by replying to this message or telephoning us at (425)
> 744-5658.
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
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------------------------------

Message: 4
Date: Thu, 13 Apr 2023 21:34:19 +0000
From: Kokie Adams <Kokie at adamslawgroupnw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State
Message-ID:
	<BN0P223MB0358FAB562273A9CA46C9134B0989 at BN0P223MB0358.NAMP223.PROD.OUTLOOK.COM>

Content-Type: text/plain; charset="utf-8"

This is unfortunate to hear.  Over the years, I have had a number of PRs open estate bank accounts in their home states without a problem.  Sounds like those days may be over.

Best regards,

Kokie Adams
(pronouns she/her/hers)

[Adams-Logo-Print-300dpi-900wide]

7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

CONFIDENTIALITY NOTICE: This communication is private and confidential. It is intended to constitute an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510. Its disclosure is strictly limited to and intended for the sole use of the recipient intended by the sender of this message. This message may contain information which is privileged or otherwise exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call at (425) 774-0444, or by reply to this communication and immediately delete the message.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Thursday, April 13, 2023 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State

I recently had an executor in California and Chase bank made them come to Washington to open an estate bank account, even though it is a national bank! I have never had that issue before. Now I am encouraging all out of state executors to plan to be in town long enough to get the Letters and open an estate bank account before they leave.

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.

On Thu, Apr 13, 2023 at 11:15?AM Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>> wrote:
Does anyone know why banks are taking that position?
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 ? office
(503) 853-1482 ? cell
(503) 226-3574 - fax

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 Megan S. Farr
Sent: Thursday, April 13, 2023 9:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Same. In such cases we advise the client to open an estate account with a bank that operates in WA and also the state they reside, but to actually go to a branch in WA to do so.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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: Thursday, April 13, 2023 8:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Jacob,

I have found that my Oregon PRs have to open estate accounts in Washington, either when they are in town dealing with the estate anyway, or a special trip into Vancouver.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D96E15.06BC90D0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Jacob Menashe
Sent: Wednesday, April 12, 2023 5:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR Authority In Other State

A branch of a large national bank in Oregon is saying before they?ll open an estate account they want a letter from the PR?s lawyer (me) saying the Washington court authority is enforceable in Oregon. Has anybody dealt with this? I?ve heard rumblings of this before, and we solved it a different way, but I figured folks out there have faced this issue and may have words of wisdom for me. (I likely won?t see replies when sent because I?m out of the country and 10 hours ahead, but that doesn?t mean responses won?t be appreciated!)

Thanks!

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com<http://www.hickmanmenashe.com/>

CONFIDENTIALITY: The contents of this message and any attachment(s) may contain confidential or privileged information. Any disclosure, copying, distribution, or unauthorized use of the contents of this message is prohibited and doing so may destroy the confidential nature of the communication.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail.  Instead, please notify us immediately by replying to this message or telephoning us at (425) 744-5658.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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------------------------------

Message: 5
Date: Thu, 13 Apr 2023 21:34:45 +0000
From: Heather de Vrieze <heatherd at westseattlelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] When must a GAL be appointed for a minor
	beneficiary?
Message-ID:
	<MW3PR22MB2107788C2700E68E6AB2FB01A7989 at MW3PR22MB2107.namprd22.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I believe that the Court should be made aware of the age of the minor and likely inheritance, of the terms of the Will which serve to protect the minor's interest, and the parties involved, but whether or not to require a GAL is up to the Court in these circumstances.

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D96E15.16D42230]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Thursday, April 13, 2023 1:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] When must a GAL be appointed for a minor beneficiary?

Decedent's Will makes a substantial bequest to a minor and instructs that it be placed in a UTMA account until the beneficiary is 25.  The Will names the PR as the Custodian. Does the PR need to request that a GAL be appointed for the minor?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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Message: 6
Date: Thu, 13 Apr 2023 22:18:50 +0000
From: "Philip N. Jones" <pjones at duffykekel.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State
Message-ID:
	<MWHPR02MB241520226E5498DB82DC5E26BC989 at MWHPR02MB2415.namprd02.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Thus cloud might have a silver lining.  Let?s assume a Washington resident dies owning a bank account located in California.  California statutes require a probate for such bank accounts, which is expensive and time-consuming, especially for just one bank account.
If the account is in a bank with branches in Washington, the PR can get appointed in Washington and then waltz into a Washington branch and close the account.
The California courts that have faced this issue have upheld the statutes, pointing out that the purpose of the statutes is to protect California creditors.  If you use the shortcut described above, you might need to point out to your client (the WA PR) that a risk is being taken that a California creditor will show up years from now and claim lack of notice.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 ? office
(503) 853-1482 ? cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kokie Adams
Sent: Thursday, April 13, 2023 2:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State

This is unfortunate to hear.  Over the years, I have had a number of PRs open estate bank accounts in their home states without a problem.  Sounds like those days may be over.

Best regards,

Kokie Adams
(pronouns she/her/hers)

[Adams-Logo-Print-300dpi-900wide]

7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

CONFIDENTIALITY NOTICE: This communication is private and confidential. It is intended to constitute an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510. Its disclosure is strictly limited to and intended for the sole use of the recipient intended by the sender of this message. This message may contain information which is privileged or otherwise exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call at (425) 774-0444, or by reply to this communication and immediately delete the message.

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 Jamia Burns
Sent: Thursday, April 13, 2023 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

I recently had an executor in California and Chase bank made them come to Washington to open an estate bank account, even though it is a national bank! I have never had that issue before. Now I am encouraging all out of state executors to plan to be in town long enough to get the Letters and open an estate bank account before they leave.

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com/>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.

On Thu, Apr 13, 2023 at 11:15?AM Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>> wrote:
Does anyone know why banks are taking that position?
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 ? office
(503) 853-1482 ? cell
(503) 226-3574 - fax

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 Megan S. Farr
Sent: Thursday, April 13, 2023 9:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Same. In such cases we advise the client to open an estate account with a bank that operates in WA and also the state they reside, but to actually go to a branch in WA to do so.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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: Thursday, April 13, 2023 8:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Jacob,

I have found that my Oregon PRs have to open estate accounts in Washington, either when they are in town dealing with the estate anyway, or a special trip into Vancouver.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D96E1B.36709320]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Jacob Menashe
Sent: Wednesday, April 12, 2023 5:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR Authority In Other State

A branch of a large national bank in Oregon is saying before they?ll open an estate account they want a letter from the PR?s lawyer (me) saying the Washington court authority is enforceable in Oregon. Has anybody dealt with this? I?ve heard rumblings of this before, and we solved it a different way, but I figured folks out there have faced this issue and may have words of wisdom for me. (I likely won?t see replies when sent because I?m out of the country and 10 hours ahead, but that doesn?t mean responses won?t be appreciated!)

Thanks!

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com<http://www.hickmanmenashe.com/>

CONFIDENTIALITY: The contents of this message and any attachment(s) may contain confidential or privileged information. Any disclosure, copying, distribution, or unauthorized use of the contents of this message is prohibited and doing so may destroy the confidential nature of the communication.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail.  Instead, please notify us immediately by replying to this message or telephoning us at (425) 744-5658.
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------------------------------

Message: 7
Date: Thu, 13 Apr 2023 23:09:42 +0000
From: Jon Fritzler <FritzlerLaw at outlook.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] When must a GAL be appointed for a minor
	beneficiary?
Message-ID:
	<CO6PR02MB76819E15C4C4171E086E63C2AE989 at CO6PR02MB7681.namprd02.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Thank you, Heather.

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Thursday, April 13, 2023 2:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] When must a GAL be appointed for a minor beneficiary?

I believe that the Court should be made aware of the age of the minor and likely inheritance, of the terms of the Will which serve to protect the minor's interest, and the parties involved, but whether or not to require a GAL is up to the Court in these circumstances.

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D96E22.5B8449C0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Jon Fritzler
Sent: Thursday, April 13, 2023 1:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] When must a GAL be appointed for a minor beneficiary?

Decedent's Will makes a substantial bequest to a minor and instructs that it be placed in a UTMA account until the beneficiary is 25.  The Will names the PR as the Custodian. Does the PR need to request that a GAL be appointed for the minor?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

ATTORNEY-CLIENT PRIVILEGE
The security of communications via the Internet cannot be guaranteed, especially without the use of encryption. In order to protect the attorney-client privilege, please do not use email to transmit confidential or sensitive information, or ask our office to email confidential or sensitive information to you.

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------------------------------

Message: 8
Date: Thu, 13 Apr 2023 16:21:09 -0700
From: <susan at pepetersonlaw.com>
To: <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Capacity to sign POA
Message-ID: <023e01d96e5e$a211ff90$e635feb0$@pepetersonlaw.com>
Content-Type: text/plain; charset="us-ascii"

Hello again listmates,

PC has a validly executed POA from 2016 signed by his mother naming him AIF.
Client is attempting to rely on the POA sign the paperwork to sell her
house.  Mother is in assisted living and her house was within weeks of being
foreclosed upon.  A company that buys distressed properties like this has
been working with PC and they have a third party buyer.  The issue is that
the title company is declining to issue a policy because there is a letter
from a physician dated about three weeks before the POA that states that the
mother has been diagnosed with dementia and "is unable to make decisions for
herself."  It is the title company's position that the letter demonstrates
that the mother was incompetent to sign the POA.  I have always believed
that, if the client understands what they are signing (can tell you what the
document is, what it can be used for, and who they are appointing) that is
sufficient capacity to execute a POA.  By all accounts the mother fit that
description when she signed the POA 6 years ago.  Now, probably not.  The
insurers want a guardian/conservator to sign off on the documents.  I'd like
to avoid that for these folks if I can, the mother had a reverse mortgage
and is only likely to get about $20k from the sale. It seems a shame to
spend any of that on the expense of a guardianship.  Can any one point me to
caselaw or anything else I could use in my upcoming discussion with the
underwriting counsel regarding capacity needed to sign a POA?  Any other
ideas?

Susan E. Spuller

Attorney at Law

Peterson Spuller, PLLC

345 Knechtel Way NE, Suite 102

Bainbridge Island, WA 98110

206.855.9293

Fax: 206.678.0105

The information contained in this email is confidential and may also be
attorney-client privileged.  The information is intended only for the use of
the individual or entity to whom it is addressed.  If you are not the
intended recipient, or the employee or agent responsible for delivering it
to the intended recipient, you are hereby notified that any use,
dissemination, distribution or copying of this communication is strictly
prohibited.  If you have received this email in error, please immediately
notify me by replying to this email and delete the original.  Thank you.

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Message: 9
Date: Thu, 13 Apr 2023 23:57:11 +0000
From: Heather de Vrieze <heatherd at westseattlelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Capacity to sign POA
Message-ID:
	<MW3PR22MB2107977FE072D155A455EA97A7989 at MW3PR22MB2107.namprd22.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Have you tried submitting a certification of the POA under 11.125.430?http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.430

I would probably start there.

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D96E28.FC8D5BD0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of susan at pepetersonlaw.com
Sent: Thursday, April 13, 2023 4:21 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Capacity to sign POA

Hello again listmates,
PC has a validly executed POA from 2016 signed by his mother naming him AIF.  Client is attempting to rely on the POA sign the paperwork to sell her house.  Mother is in assisted living and her house was within weeks of being foreclosed upon.  A company that buys distressed properties like this has been working with PC and they have a third party buyer.  The issue is that the title company is declining to issue a policy because there is a letter from a physician dated about three weeks before the POA that states that the mother has been diagnosed with dementia and "is unable to make decisions for herself."  It is the title company's position that the letter demonstrates that the mother was incompetent to sign the POA.  I have always believed that, if the client understands what they are signing (can tell you what the document is, what it can be used for, and who they are appointing) that is sufficient capacity to execute a POA.  By all accounts the mother fit that descriptio!
 n when she signed the POA 6 years ago.  Now, probably not.  The insurers want a guardian/conservator to sign off on the documents.  I'd like to avoid that for these folks if I can, the mother had a reverse mortgage and is only likely to get about $20k from the sale. It seems a shame to spend any of that on the expense of a guardianship.  Can any one point me to caselaw or anything else I could use in my upcoming discussion with the underwriting counsel regarding capacity needed to sign a POA?  Any other ideas?

Susan E. Spuller
Attorney at Law

Peterson Spuller, PLLC
345 Knechtel Way NE, Suite 102
Bainbridge Island, WA 98110
206.855.9293
Fax: 206.678.0105

The information contained in this email is confidential and may also be attorney-client privileged.  The information is intended only for the use of the individual or entity to whom it is addressed.  If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this email in error, please immediately notify me by replying to this email and delete the original.  Thank you.

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------------------------------

Message: 10
Date: Fri, 14 Apr 2023 05:24:50 +0000
From: Jacob Menashe <jacob at hickmanmenashe.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State
Message-ID:
	<MW4PR17MB4322F80F46C4C5063B15D78EC2999 at MW4PR17MB4322.namprd17.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

The bank is saying they want a letter from the lawyer that the Washington authority is enforceable in Oregon. I?m not sure what that means, but is that something a lawyer can say? Other than the same other state and the same national bank, I don?t think I?ve seen this problem. Maybe there is something special about setting up an estate account versus using the PR authority to move an account? Haven?t we all, many times, used the Washington authority to take actions on accounts in other states, including at banks without a presence here? Anything further on this will be appreciated.

Thanks,

Jacob

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kokie Adams
Sent: Thursday, April 13, 2023 2:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State

This is unfortunate to hear.  Over the years, I have had a number of PRs open estate bank accounts in their home states without a problem.  Sounds like those days may be over.

Best regards,

Kokie Adams
(pronouns she/her/hers)

[Adams-Logo-Print-300dpi-900wide]

7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

CONFIDENTIALITY NOTICE: This communication is private and confidential. It is intended to constitute an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510. Its disclosure is strictly limited to and intended for the sole use of the recipient intended by the sender of this message. This message may contain information which is privileged or otherwise exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call at (425) 774-0444, or by reply to this communication and immediately delete the message.

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 Jamia Burns
Sent: Thursday, April 13, 2023 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

I recently had an executor in California and Chase bank made them come to Washington to open an estate bank account, even though it is a national bank! I have never had that issue before. Now I am encouraging all out of state executors to plan to be in town long enough to get the Letters and open an estate bank account before they leave.

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.

On Thu, Apr 13, 2023 at 11:15?AM Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>> wrote:
Does anyone know why banks are taking that position?
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 ? office
(503) 853-1482 ? cell
(503) 226-3574 - fax

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 Megan S. Farr
Sent: Thursday, April 13, 2023 9:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Same. In such cases we advise the client to open an estate account with a bank that operates in WA and also the state they reside, but to actually go to a branch in WA to do so.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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: Thursday, April 13, 2023 8:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Jacob,

I have found that my Oregon PRs have to open estate accounts in Washington, either when they are in town dealing with the estate anyway, or a special trip into Vancouver.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D96E56.C26CE6E0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Jacob Menashe
Sent: Wednesday, April 12, 2023 5:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR Authority In Other State

A branch of a large national bank in Oregon is saying before they?ll open an estate account they want a letter from the PR?s lawyer (me) saying the Washington court authority is enforceable in Oregon. Has anybody dealt with this? I?ve heard rumblings of this before, and we solved it a different way, but I figured folks out there have faced this issue and may have words of wisdom for me. (I likely won?t see replies when sent because I?m out of the country and 10 hours ahead, but that doesn?t mean responses won?t be appreciated!)

Thanks!

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com<http://www.hickmanmenashe.com/>

CONFIDENTIALITY: The contents of this message and any attachment(s) may contain confidential or privileged information. Any disclosure, copying, distribution, or unauthorized use of the contents of this message is prohibited and doing so may destroy the confidential nature of the communication.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail.  Instead, please notify us immediately by replying to this message or telephoning us at (425) 744-5658.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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------------------------------

Message: 11
Date: Fri, 14 Apr 2023 15:24:31 +0000
From: Candace Wilkerson <cwilkerson at wongfleming.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State
Message-ID: <40b0e4a21a684da9b2eb930319d1d8fc at wongfleming.com>
Content-Type: text/plain; charset="utf-8"

Wouldn?t the Full Faith and Credit Clause apply here?  Article IV, Section 1 of the United States Constitution.  I would ask what authority they have to get around that.

Best,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jacob Menashe
Sent: Friday, April 14, 2023 1:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State

The bank is saying they want a letter from the lawyer that the Washington authority is enforceable in Oregon. I?m not sure what that means, but is that something a lawyer can say? Other than the same other state and the same national bank, I don?t think I?ve seen this problem. Maybe there is something special about setting up an estate account versus using the PR authority to move an account? Haven?t we all, many times, used the Washington authority to take actions on accounts in other states, including at banks without a presence here? Anything further on this will be appreciated.

Thanks,

Jacob

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 Kokie Adams
Sent: Thursday, April 13, 2023 2:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

This is unfortunate to hear.  Over the years, I have had a number of PRs open estate bank accounts in their home states without a problem.  Sounds like those days may be over.

Best regards,

Kokie Adams
(pronouns she/her/hers)

[Adams-Logo-Print-300dpi-900wide]

7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

CONFIDENTIALITY NOTICE: This communication is private and confidential. It is intended to constitute an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510. Its disclosure is strictly limited to and intended for the sole use of the recipient intended by the sender of this message. This message may contain information which is privileged or otherwise exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call at (425) 774-0444, or by reply to this communication and immediately delete the message.

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 Jamia Burns
Sent: Thursday, April 13, 2023 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

I recently had an executor in California and Chase bank made them come to Washington to open an estate bank account, even though it is a national bank! I have never had that issue before. Now I am encouraging all out of state executors to plan to be in town long enough to get the Letters and open an estate bank account before they leave.

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<https://url.emailprotection.link/?baFQXsxnXnUIk2V03jYbaa5OxufXGxx0vDmlomXjNhFF1ksdBpEryXy-v8FluxTJJgCNez97r4PmzJVRfzIyn1A~~>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.

On Thu, Apr 13, 2023 at 11:15?AM Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>> wrote:
Does anyone know why banks are taking that position?
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 ? office
(503) 853-1482 ? cell
(503) 226-3574 - fax

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 Megan S. Farr
Sent: Thursday, April 13, 2023 9:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Same. In such cases we advise the client to open an estate account with a bank that operates in WA and also the state they reside, but to actually go to a branch in WA to do so.

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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: Thursday, April 13, 2023 8:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] PR Authority In Other State

Jacob,

I have found that my Oregon PRs have to open estate accounts in Washington, either when they are in town dealing with the estate anyway, or a special trip into Vancouver.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image009.jpg at 01D96EC3.AD963240]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<https://url.emailprotection.link/?bLnYyLdPUMccYgtyB15gc8aHZfLGrrQoFBDQM4zrvW1tngJh3mp_ZwDaS7XDabD5Ogs9aLBDxmMrBun2bIU5DIw~~>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://url.emailprotection.link/?bUU7m4NfMS_EWGtH1yojBHXdSD6QwuQz0pm-H1hPd2q3yz3aQi9OwiDQrcqMxGdelBESBVcmBfdRXqweWVLbp5XVY50FqDUOgEeCIPosnC2w2in1Ra4E2EQ2N-Boe4PKX>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Jacob Menashe
Sent: Wednesday, April 12, 2023 5:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] PR Authority In Other State

A branch of a large national bank in Oregon is saying before they?ll open an estate account they want a letter from the PR?s lawyer (me) saying the Washington court authority is enforceable in Oregon. Has anybody dealt with this? I?ve heard rumblings of this before, and we solved it a different way, but I figured folks out there have faced this issue and may have words of wisdom for me. (I likely won?t see replies when sent because I?m out of the country and 10 hours ahead, but that doesn?t mean responses won?t be appreciated!)

Thanks!

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com<https://url.emailprotection.link/?bxD_wTiYAwUoehqw-csNHOxwWt423RnOlBumKoDKo3FH_cYKHTI8mP-KxkmatZYu2zTc6ecyyYxMVcvkpYF2hEQ~~>

CONFIDENTIALITY: The contents of this message and any attachment(s) may contain confidential or privileged information. Any disclosure, copying, distribution, or unauthorized use of the contents of this message is prohibited and doing so may destroy the confidential nature of the communication.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail.  Instead, please notify us immediately by replying to this message or telephoning us at (425) 744-5658.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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------------------------------

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End of WSBAPT Digest, Vol 103, Issue 15
***************************************

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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