[WSBARP] bank not letting Trustee deposit checks

Mon Aug 5 14:46:19 PDT 2024

Hello,

Decedent passed away and all her assets were in a living trust.  The Trustee opened up a bank account for the trust.  No probate was opened because it wasn't necessary.  Trustee had to fix the roof before selling the home.  The house insurance covered it but the home insurance company made out a check to the Estate of Decedent, not the Trust.  Now bank won't let Trustee deposit it without Letters Testamentary.

Besides asking the insurance company to reissue a check, which they may or may not do, any suggestions?

Best,

Jenna Brozik
Managing Attorney
PRINZ & BROZIK PLLC
445 S. Grand Avenue
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Wednesday, July 31, 2024 7:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Motion to Substitute Estate as Party

I didn't see any response so will chime in.

  1.  You are correct that you need to substitute but the proper named party is "Administrator/PR of the Estate of [decedent name]".  Party is not Estate, it is the PR/Administrator of the Estate.
  2.  Did someone open your client's probate?  If yes, then you substitute the proper named party (see #1) and have options to present to the court but depends on notice of appearance/answer to original complaint by defense counsel or defendant before death.  If appearance or answer, you will need to get an agreement with stip/order to substitute or make a motion and set hearing.
  3.  Substitution relates back pursuant to CR 25:

CR 25 SUBSTITUTION OF PARTIES (1) Procedure.  If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of hearing, shall be served on the parties as provided by rule 5 for service of notices, and upon persons not parties in the manner provided by statute or by rule for the service of a summons. If substitution is not made within the time authorized by law, the action may be dismissed as to the deceased party. (2) Partial Abatement.  In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.

If you need example of stip/order or motion/order, email me directly.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>   Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Cora cora at glgmail.com<mailto:cora at glgmail.com>, or part time paralegal Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Attorney Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> and kristin at glgmail.com<mailto:kristin at glgmail.com>).
LICENSED IN WASHINGTON.  IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, July 30, 2024 9:27 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBAPT] Motion to Substitute Estate as Party

Listmates,

Sorry for the cross posting.  Do any of you have a motion to substitute a probate estate as a party in a lawsuit that you would share?  This started out as a UDA, with a lease, but court converted it to civil action when client's grandchild claimed they were buying the home.  Client dies so I need to substitute the estate in as plaintiff.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.

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