[WSBARP] Banks behaving badly

Wed Jul 12 09:40:46 PDT 2017

If this case actually comes to litigation, it would be a great service to
all if the attorney for the plaintiff were to share with us copies of the
complaint and any supplemental brief(s). Perhaps if WF gets tagged a few
times it will wise up.

On Wed, Jul 12, 2017 at 9:03 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> RCW 11.62.020
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.62&full=true#11.62.020>:
> "If any person to whom an affidavit and proof of death is delivered refuses
> to pay, deliver, or transfer any personal property, it may be recovered or
> its payment, delivery, transfer, or issuance compelled upon proof of their
> right in a proceeding brought for the purpose by or on behalf of the
> persons entitled thereto."
>
>
>
> Maybe make one last warning to them that if you are required to get a
> court order you will seek attorney fees and costs under RCW 11.96A.150,
> plus pre-judgment interest at 12% from the date the small estate affidavit
> was first presented and refused. Re prejudgment interest, see *Mahler v.
> Szucs*, 135 Wn.2d 398, 429 (1998); *Ernst Home Center v. Sato*, 80 Wn.
> App. 473, 488, 910 P.2d 486 (1996). (12% interest on $30K is $300 a month.)
> If WF still refuses, file a TEDRA action. By the time it gets heard, a few
> months will have gone by, and maybe you can get the client an additional
> $1,000 or so.
>
>
>
> That said--I haven't tried this route yet myself, but with every officious
> refusal by a bank I get that much closer to it.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Christie Martin
> *Sent:* Tuesday, July 11, 2017 7:35 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Banks behaving badly
>
>
>
> Listmates -
>
>
>
> HC's Husband passed in WA, a resident of WA.  No CP agreement.  All
> properties taken care of except one WF account consisting of about 30k.
> Banker told HC that because Husband opened the account in OR, HC had to
> open a probate in OR. Husband banked exclusively at a WA WF branch.
>
>
>
> I sent HC to WF with a WA Small Estate Affidavit.  Banker still standing
> on original position that an OR probate needs to be opened.  Did a letter
> that included:
>
>
>
> RCW 30A.20.005 - Deposits governed by RCW 30A.22.
>
> RCW 30A.22.100 - Owner of deposits after death.
>
> RCW 30A.22.202 - Statutes are to simplify law relating to ownership of
> deposits.
>
> RCW 30A.22.190 - Payment to heirs.
>
>
>
> HC already tried 3 different branches with letter.
>
>
>
> This sounds ridiculous to me.  Any thoughts?
>
>
>
> Thanks in advance.
>
>
>
>
>
>
> * ------------------------------ *
>
>
>
> *Christie L. Martin* *| Martin & Richards, **LLP*
>
> *Attorney at Law*
>
>
>
> 111 SW Fifth Avenue, Suite 3150
>
> Portland, OR 97204
>
> B: 503-444-3449 <(503)%20444-3449>
>
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>
> F: 360-637-0300 <(360)%20637-0300>
>
> E: christie at cascadialawyers.com
>
>
>
> *www.cascadialawyers.com <http://www.cascadialawyers.com/>*
>
>
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