[WSBAPT] PR Authority In Other State

Fri Apr 14 15:52:27 PDT 2023

Yes, banks usually don’t budge.  They are extremely annoying.

Best,
Candace

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Friday, April 14, 2023 5:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR Authority In Other State

I have no idea.  You might be right.  But even if you are correct, arguing with a bank is rarely successful, and thus it is unlikely a bank will cave if you make that argument.  They have their policy, and that’s that.
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 Candace Wilkerson
Sent: Friday, April 14, 2023 8:25 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

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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Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

9840 Willows Road NE, Suite 200  |  Redmond, WA 98052
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CONSUMER OPT-OUT: Please note that you may opt out of receiving further email communications to this email address by replying to this email with the word “stop” in the subject line. While the firm will comply with your request to opt out of receiving further electronic communication to this email address, please be advised that the firm may still be required by applicable law or court rule to provide you with certain notices or pleadings.

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: Friday, April 14, 2023 1:25 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

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)

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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 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)
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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)

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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 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
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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 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
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