[WSBAPT] Non probate asset

[Nick Pleasants]

Hi Kristina,
I didn’t see any responses to your question, so I thought I would chime in. I believe the statute in control is RCW 30A.22.100(3). Under that statute, the Estate would have the burden of showing clear and convincing evidence that the POA Agent was added for mere convenience.
I have not had to litigate this issue, but if I were to bring a TEDRA action against the POA, I would also raise the confidential relationship under Dean v. Jordan as creating a presumption that the joint tenancy with rights of survivorship with the POA Agent is void. I would be curious if there are any cases applying the Dean v. Jordan presumption and the banking statute together.
Hopefully that helps!
Best,
Nick

Nicholas Pleasants | Shareholder
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kristina Driessen
Sent: Sunday, March 8, 2026 11:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non probate asset


Hi All:

I have a case where a checking account held the name of the decedent and his power of attorney. The agent is refusing to give up the funds to the estate.  It is clear that the agent was only added as an aid to help with financials during his lifetime i.e. agent contributed nothing to the account.

Can any one share sample pleadings or give me a few minutes of your time to discuss.  I believe I understand the process but want to make sure before bringing the action before the court.

Thank you in advance.


Kristina A. Driessen
A Street Legal Services, Inc. P.S.
16 A Street, SE, Auburn, WA 98002
(253) 939-0811

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