[WSBAPT] TEDRA and bank accts drained right before death

[Roger Hawkes]

Thanks, Dalynne.  Seems like a common problem.  Please post all answers.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, June 12, 2023 7:23 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TEDRA and bank accts drained right before death

In the last few months, I've had several cases where one heir was added to a bank account of the now decedent for convenience.  One was by a power of attorney.  Another was by account holder but may not have had knowledge of legal consequences of doing so.  All accounts had only monies from the decedent and was used to pay decedent's bills.  Then, as you may have guessed, all monies are taken by the joint holder either right before death or after death.  I am researching for filing a TEDRA and wondered if anyone has a sample with these arguments to share or a court order after hearing determining that the monies were part of the Estate and wrongfully taken.  I will include claims of vulnerable abuse for those before death and for asset to be residual of Estate after death.

2 cases - there is a Will which does not address non-probate assets.
Residual goes to all children not just one who had POA and changed asset to be joint w/right of survivorship.
Will written long before POA and addition of one heir on joint bank account.

RCW 11.11.020
Disposition of nonprobate assets under will.
(1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will.
(2) A general residuary gift in an owner's will, or a will making general disposition of all of the owner's property, does not entitle the devisees or legatees to receive nonprobate assets of the owner.
(3) A disposition in a will of the owner's interest in "all nonprobate assets" or of all of a category of nonprobate asset under RCW 11.11.010(7), such as "all of my payable on death bank accounts" or similar language, is deemed to be a disposition of all the nonprobate assets the beneficiaries of which are designated before the date of the will.
(4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the specific provisions in the will that attempt to control the disposition of that asset do not govern the disposition of that nonprobate asset, even if the subsequent beneficiary designation is later revoked. If the owner revokes the later beneficiary designation, and there is no other provision controlling the disposition of the asset, the asset shall be treated as any other general asset of the owner's estate, subject to disposition under the other applicable provisions of the will. A beneficiary designation with respect to an asset that renews without the signature of the owner is deemed to have been made on the date on which the account was first opened.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, Microsoft teams or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or selina at glgmail.com<mailto:selina at glgmail.com>.

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