Legal Question in Wills and Trusts in Washington
Who do we write check to-legally
Firm has lifetime lease agreements. Tenant who purchased unit dies. Daughter is Power of Attorney. 2 months after mother's death and resale of unit, a check is ready to be cut. By law we have to cut it to owner. We do. She has trouble cashing it as she closed mother's bank account. Can we write her a check as follows: To the Estate of 'so-and-so'? And will she be able to cash it? What form(s) of ID will we need if any from daughter? Or does she have to hire lawyer or go through alot of mumbo jumbo...
1 Answer from Attorneys
Re: Who do we write check to-legally
The daughter of your tenant is the attorney in fact for her mother, the principal.
You write the check to the Estate of (Principal). She has to open an estate checking account. It isn't the daughter's money - it belongs to the mother's estate.
What you need from the daughter is an original letter of Administration. That is your authority to deal with the appointed representative of the estate. Just keep it in your record file for 7 years or so, you'll be good.
There is very little obfuscation in Washington probate law. If the principal had less than $60,000 in personal property and no real property, there is a short form probate available, that cannot be much simpler.
CA rules are much more difficult, so everybody thinks WA probate rules must be as complicated. But they are not.
Hope this helps. Elizabeth Powell
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