[WSBARP] Jt with Rt of Survivorship Acct.
Kary Krismer
Krismer at comcast.net
Thu Mar 24 10:10:34 PDT 2022
Thank you. I was unaware of that statute.
Kary L. Krismer
206 723-2148
On 3/24/2022 10:00 AM, Nicholas Pleasants wrote:
>
> The presumption is that the funds are owned equally. RCW
> 30A.22.100(3). I think there is a cause of action against the child
> who unilaterally withdraws all of it if that was not the decedent’s
> intent.
>
> Best,
>
> Nick
>
> *Nicholas Pleasants | Shareholder *
>
> **
>
> OseranHahnAttyatLaw 8
>
> 11225 SE 6^th Street | Suite 100 | Bellevue, WA 98004
> Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail:
> npleasants at ohswlaw.com
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kary Krismer
> *Sent:* Thursday, March 24, 2022 6:01 AM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* Re: [WSBARP] Jt with Rt of Survivorship Acct.
>
> I would agree with this answer, but go further and say that one of the
> survivors could likely withdraw all the funds, possibly without the
> others having a remedy. I'm not sure that intent, now matter how
> expressed, is enforceable.
>
> BTW, I think by default bank accounts are joint with rights of
> survivorship. Banks don't want to be drawn into issues over when
> account holders can withdraw funds.
>
> Kary L. Krismer
> 206 723-2148
>
> On 3/23/2022 4:01 PM, Nicholas Pleasants wrote:
>
> If it is joint tenancy with right of survivorship, the account
> survives, and will not be disbursed automatically by the bank.
> JTROS is not the same as a beneficiary designation. Theoretically
> any child could go and withdraw all of it, although if the intent
> was for it to be split 5 ways, then the children should request
> the bank to issue 5 checks (or wire transfer, etc.) for 1/5 of the
> account to each of them.
>
> *Nicholas Pleasants | Shareholder *
>
> **
>
> OseranHahnAttyatLaw 8
>
> 11225 SE 6^th Street | Suite 100 | Bellevue, WA 98004
> Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail:
> npleasants at ohswlaw.com
>
> CONFIDENTIALITY NOTE: This e-mail message contains information
> belonging to the law firm of Oseran Hahn, P.S., which may be
> privileged, confidential and/or protected from disclosure. The
> information is intended only for the use of the individual or
> entity named above. If you think that you have received this
> message in error, please e-mail the sender. If you are not the
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>
> <mailto:wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Mario
> Ledesma, Attorney
> *Sent:* Wednesday, March 23, 2022 1:03 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Jt with Rt of Survivorship Acct.
>
> Hello,
>
> I just filed a petition to probate a will. The personal
> representative just found out the decedent's bank account, (his
> mother) has the five children on as joint with right of
> survivorship. I expect the bank will disburse the account funds
> (approximately $300,000) equally between the children. Actually,
> I'm surprised the bank has not done it already, the decedent
> passed away February 14, 2022. Am I missing something?
>
> Thank you!
>
> Regards,
>
> Mario Ledesma
>
> */LEDESMA LAW OFFICES PLLC/*
>
> Licensed in Washington and Oregon
>
> P. O. Box 1305
>
> Richland, Washington 99352
>
> Tel: 509.946.1248
>
> Ledesmalawoffice at aol.com <mailto:Ledesmalawoffice at aol.com>
>
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