Estate of Floy M. Christensen - Page 14

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          payment that is made in accordance with various sections of the             
          Act by a financial institution from an account at the request of            
          any depositor to the account and/or the agent of any depositor to           
          the account is to constitute a complete release and discharge of            
          the financial institution from all claims for the amount so paid            
          regardless of whether or not the payment is consistent with the             
          actual ownership of the funds deposited in an account by a                  
          depositor and/or the actual ownership of the funds as between               
          depositors and/or their heirs, successors, personal representa-             
          tives, and assigns.  RCWA 30.22.120 thus permits a financial                
          institution to assume that each of the persons listed on a joint            
          account has authority over all of the funds on deposit in such an           
          account unless the financial institution specifically knows of a            
          dispute regarding the funds.                                                
               Neither RCWA 30.22.120 nor RCWA 30.22.140 on which the                 
          estate relies authorizes a joint account holder who is not the              
          actual owner of the funds in a joint account to withdraw funds              
          from the account.  If funds on deposit in a joint account are               
          paid to or for a joint account holder who does not own the funds            
          and who is not authorized by the owner of the funds to withdraw             
          such funds for that purpose, the proper remedy is for the actual            
          owner to sue the joint account holder.  See Kalk v. Security Pac.           
          Bank Wash. N.A., 866 P.2d 1276, 1278 (Wash. Ct. App. 1994), revd.           
          on other grounds 894 P.2d 559 (Wash. 1995).  Such a right is                

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