[WSBARP] Off Topic - Bank Accounts

[Jeanne Dawes]

I would think a formal written Notice to the bank of fraud might at least give your client grounds to collect from the bank because they did nothing about the fraud alert.  I know banks can void Cashier's checks because I've had that done when we had a lost cashier check.  If you client notifies the bank in writing that all funds were deposited by her, that mom was on the account as an estate planning tool only, and that her withdrawal of the funds was fraudulent, at lease there might be an argument that the bank is responsible for the loss of funds if it does nothing to stop payment on the cashier's check.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.

From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Paul Neumiller
Sent: Friday, February 24, 2023 10:44 AM
To: Nick Pleasants <npleasants at ohswlaw.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Off Topic - Bank Accounts

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<mailto:npleasants at ohswlaw.com>>
Sent: Thursday, February 23, 2023 5:54 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; 'pneumiller at hotmail.com' <pneumiller at hotmail.com<mailto: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>

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 intended recipient, any dissemination, distribution or copying is strictly prohibited.


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.


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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 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?


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