Estate of Floy M. Christensen - Page 17




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          in RCWA 30.22.130 in order to determine the rights of individuals           
          to funds in an account or in order to determine the rights of a             
          financial institution to make or withhold payment and/or to take            
          any other action with regard to funds held under a contract of              
          deposit.  We conclude that the term “depositor” is utilized in              
          RCWA 30.22.130 in order to determine the rights of individuals to           
          funds in an account and is not utilized in that section in order            
          to determine the rights of a financial institution to make or               
          withhold payment and/or to take any other action with regard to             
          funds held under a contract of deposit.  We further conclude that           
          the definition of the term “depositor” that appears in RCWA                 
          30.22.130 is an individual who owns the funds in an account.  See           
          RCWA 30.22.040(11).                                                         
               At all times, the only individual who owned the funds in the           
          Seafirst joint account was decedent.  RCWA 30.22.130 preserved              
          her ownership rights to the funds deposited in that account.                
          Unless decedent authorized Mr. Christensen and Ms. Hastie to make           
          gifts on behalf of decedent of certain funds in the Seafirst                
          joint account by issuing the November 1995 checks and the January           
          1996 checks to the payees indicated on those checks, when                   
          Seafirst Bank paid those checks, decedent, as the owner of the              
          funds so paid, had the right to sue the joint account holders,              
          Mr. Christensen and Ms. Hastie, in order to recover those funds.            
          See RCWA 30.22.130; see also Kalk v. Security Pac. Bank Wash.               
          N.A., 866 P.2d at 1279.                                                     




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