[WSBARP] Estate question

Wed Aug 3 10:25:21 PDT 2022

Cf. RCW 30A.22.100<http://app.leg.wa.gov/RCW/default.aspx?cite=30A.22.100>
If one child was made a joint owner of the bank account for mere convenience (something akin to acting under a Power of Attorney), then you can argue that the joint ownership should not vest and it should instead vest to the estate for equal distribution to all children.

Otherwise I generally agree that a beneficiary designation will control instead of a Will.

Nicholas Pleasants | Shareholder

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, August 3, 2022 10:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Estate question

Agree with Dalynne. As a basic conceptual matter, a will is a "weak" document and only affects assets that do not have their own survivorship provisions, such as a bank account or a car title might have. It's possible to contest the right of survivorship on a specific asset but it's difficult and the facts have to be quite strong and indicative of a contrary intent.

Tom Westbrook mentioned the superwill provision, which is Ch. 11.11 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.11&full=true>, that allows someone to specifically call out a non-probate account and direct disposition contrary to what the bank's own contract might say. I think it was enacted back in 2006 to deal with the "weakness" of wills, because sometimes people do a will and forget that they put a different arrangement on a bank account. But in my experience it's pretty rare for a will to have the necessary specific reference to a particular account in order to invoke Ch. 11.11 RCW and override the survivorship disposition on file with the bank. I'm not sure I've ever seen it, actually.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Wednesday, August 3, 2022 9:25 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Estate question

Simple answer is yes if the estate is solvent, there should not be any issues.  Claims can be made for convenience on accounts but this is an argument with slight caselaw to assist.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

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-----Original Message-----

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Chris B

Sent: Wednesday, August 3, 2022 7:53 AM

To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>

Subject: [WSBARP] Estate question

I am assuming that the beneficiary provisions in a brokerage or bank account take precedence over a will that provides for beneficiaries equally. This isn't my area of law, and I'm trying to answer a question for a family friend.

Christopher T. Benis

Sent from my iPad

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