[WSBAPT] Bank hoops

[Laura Latta]

Agree with the above suggestion and I'll add that I specifically send a
copy of my letter to the legal department of the institution. Let their own
lawyers straighten them out. I've only done it few times, but I've always
gotten what I needed without going after the court order.


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

4010 Lake Washington Blvd. NE Ste. 202

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On Wed, Dec 11, 2024 at 9:26 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> I guess in this circumstance I am the fussy type. I know that I can get
> subpoena authority or an order to get the records from the bank—even the
> bank acknowledges that they’d produce the records in response to a subpoena.
>
>
>
> But the bank’s position is contrary to their depositor’s rights to obtain
> records and the PR’s succession to all rights of the decedent under the
> law. So I want to make a record, force them to answer, make them lose and
> pay attorney fees, and then if they ever try it again in another case, go
> after them for CR 11 sanctions in addition.
>
>
>
> It’s this kind of fatheaded bureaucratic “reasoning” that makes life so
> much more difficult for people. At this point, I’d do the extra work pro
> bono so I have the opportunity to tilt at this particular windmill.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Christopher Neil
> *Sent:* Tuesday, December 10, 2024 5:14 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Bank hoops
>
>
>
> This is a problem, for sure.
>
>
>
> Rather than make a big fuss (my letter and phone calls were rebuffed), I
> filed this petition and got this order in July of this year to get old
> records from Key Bank (unlike Eric, I AM naming names here…).
>
>
>
> It worked like a charm and was relatively low cost to the client.
>
>
>
>
>
>
>
> *Chris Neil* | Attorney | Neil & Neil, P.S.
>
> 5302 Pacific Avenue, Tacoma, WA 98408 | Chris.Neil at NeilLaw.com
> (253)475-8600 | f:(253)473-5746
>
> *So that you know: This email address **is not continuously monitored.
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> recipient is not a waiver of any attorney-client, work product, or other
> applicable privilege; or other confidentiality protections.  Thank you.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> On Dec 10, 2024, at 4:57 PM, Mark Vohr <mcv at ohanafc.com> wrote:
>
>
>
> I get that – we fight these battles all the time.  Some bozo in another
> jurisdiction who has been out of law school for two minutes interpreting
> these “rules.”  Good news is that the courts know it and will usually award
> attorney fees.  It makes it worth the effort to write that letter you are
> comfortable having the commissioner read.
>
>
>
> Regards,
>
>
>
> Mark
>
>
>
> Mark C. Vohr, J.D. CPGC
>
> Ohana Fiduciary Corporation
>
> A Washington Trust Company
>
> 155 NE 100th St., Suite 209
>
> Seattle, WA  98125
>
> Telephone:  (206) 782-1189
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, December 10, 2024 4:47 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Bank hoops
>
>
>
> Mark, I entirely agree, though the structural integrity of my
> “professionally” discipline is under severe strain these days. As to banks,
> bureaucrats, corporate shills, AI boosters, insurance companies....
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Vohr
> *Sent:* Tuesday, December 10, 2024 4:25 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Bank hoops
>
>
>
> Bank is wrong, but you know that.  Our strategy is to write a letter, tell
> them they are not leaving you any choice but to seek a court order, which
> will include a request for attorney fees.  Cite the statute.  Give them a
> recent copy of the your letters.  Give them 14 days to respond.   If they
> still refuse, use TEDRA, file a petition for an order granting access, ask
> for attorney fees under RCW 11.96A.150.  Make sure the court knows you
> tried to resolve this through the letter.  Tip – write the letter so that
> the commissioners can see that you tried to resolve it professionally.
>
>
>
> Regards,
>
>
>
> Mark
>
>
>
> Mark C. Vohr, J.D. CPGC
>
> Ohana Fiduciary Corporation
>
> A Washington Trust Company
>
> 155 NE 100th St., Suite 209
>
> Seattle, WA  98125
>
> Telephone:  (206) 782-1189
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, December 10, 2024 3:48 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Bank hoops
>
>
>
> I represent a PR. Bank who shall remain nameless is insisting that my PR
> can only have bank statements after date of death to present, and nothing
> before date of death. Bank says we have to send them a subpoena for
> pre-death records. Because, says Bank, “account information before our
> client’s death are not part of the estate and any accounts closed out were
> closed by the owner.”
>
>
>
> Anyone else encountering this nonsense? My position is and always has been
> that the PR steps into the shoes of the decedent, and has the exact same
> contractual right as the decedent to request any and all records from a
> bank, pursuant to whatever contract of deposit or other agreement the
> decedent had with the bank. If the decedent had a  residual right to
> request records on a closed account, then so does a PR. RCW 11.48.010, RCW
> 11.48.020, RCW 11.48.090, RCW 11.60.060, RCW 4.20.046(1).
>
>
>
> Imagine if a medical provider took this stance—“I can only give you
> medical records for procedures performed after death.”
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
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