[WSBAPT] Living Trust issue

[Lenard Wittlake]

We recently prepared a small estate affidavit for a client (one of 3
siblings who inherited Mom's estate) including the supplemental affidavits
signed by all heirs, and were able to deposit 3 checks payable to Mom into
client's account.  Client then divided the funds.

 

We were ready with another small estate affidavit to present to the payee to
reissue the checks in case our first approach failed.

 

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
Sent: Monday, April 17, 2023 5:30 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Living Trust issue

 

Hello list mates, 

 

Client's mother passed away and the mother had a living trust.  Client is
the Trustee of the Living Trust and only beneficiary.  All assets were
titled in the Living Trust. However, client received a check in the mail
after mother passed away.  Apparently the mother overpaid her healthcare
premium and the company issued her a check for the overpayment.  The check
is made out to the Estate.  Client called to ask company to make it out to
Living Trust.  Company has refused. Company has refused to reissue the check
under any name.  

 

Should client just open up a bank account under the Estate to get this check
deposited?  No probate is necessary in this case.  Any suggestions would be
appreciated. 

 

Jenna Brozik

Managing Attorney

PRINZ & BROZIK PLLC
445 S. Grand Avenue
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile

 

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