[WSBARP] Off Topic - Bank Accounts

[Paul Neumiller]

I knew about that section but banks don't care about no stinkin' RCW.  And, arguing for the bank, I wouldn't take a depositor's statement about ownership of the funds prior to deposit.  That's why I was hoping there was some sort of way to get a court order.


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From: Nick Pleasants <npleasants at ohswlaw.com>
Sent: Thursday, February 23, 2023 5:54 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'pneumiller at hotmail.com' <pneumiller at hotmail.com>
Subject: RE: [WSBARP] Off Topic - Bank Accounts

Paul,
RCW 30A.22.090(2) provides: (2) Funds on deposit in a joint account without right of survivorship and in a joint account with right of survivorship belong to the depositors in proportion to the net funds owned by each depositor on deposit in the account, unless the contract of deposit provides otherwise or there is clear and convincing evidence of a contrary intent at the time the account was created.
http://app.leg.wa.gov/RCW/default.aspx?cite=30A.22.090<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D30A.22.090&data=05%7C01%7C%7C8070408ee5c84667f42408db160a0a1f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638128004615825479%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=jF0JdWx2Y8fr28rlVqpODbHFONl%2BCLb6K7OXsuxd5CU%3D&reserved=0>
I think that should give you the authority to tell the bank to stop payment, as the daughter was the original source of the funds.

Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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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 Paul Neumiller
Sent: Thursday, February 23, 2023 3:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off Topic - Bank Accounts

Daughter tried to withdraw the money from the bank account before the cashier's checks hit the system but the bank manager refused saying that Mother was entitled to cut the checks to herself, cutting the cashier's checks was like withdrawing the money, and the bank "must" honor them when the cashier's checks hit the system.


[cid:image001.jpg at 01D9483C.CE4A3E30]


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 Josh Grant
Sent: Thursday, February 23, 2023 3:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off Topic - Bank Accounts

why doesn't M simply withdraw the $$ ?

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Paul Neumiller
Sent: Thursday, February 23, 2023 2:50 PM
To: WSBA Real Property Listserv ; Listserve RealProp (realprop at googlegroups.com<mailto:realprop at googlegroups.com>)
Subject: [WSBARP] Off Topic - Bank Accounts

Listees, Daughter (D) and Mother (M) both on bank account but D made of the deposits (of about $250k).  M writes four cashier's checks to herself which would zero out the bank account and leaves the state.  BUT, M hasn't cashed the cashier's checks yet.  D tries to stop payment on the checks but bank says M is on the account and so it part her money and refuses to put a stop order on the cashier's checks.  Anyone got an RCW in his or her back pocket for me to get a court order forcing the bank to issue a stop order on the cashier's checks, especially when its D's money?


[cid:image001.jpg at 01D9483C.CE4A3E30]


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