Estate of Floy M. Christensen - Page 20




                                       - 20 -                                         
          of ownership by decedent to the deposited funds in that joint               
          account.  See RCWA 30.22.130.                                               
               Unless decedent granted Mr. Christensen and Ms. Hastie the             
          authority to make gifts on her behalf of the funds withdrawn from           
          the Seafirst joint account by the November 1995 checks and the              
          January 1996 checks, both Mr. Christensen and Ms. Hastie had an             
          obligation to account to decedent for the funds withdrawn by the            
          respective checks that they signed, and decedent could have sued            
          both of them to recover those funds.  See RCWA 30.22.130; see               
          also Kalk v. Security Pac. Bank Wash. N.A., 866 P.2d at 1279.  On           
          the record before us, we find that the estate has failed to show            
          that decedent authorized either Mr. Christensen or Ms. Hastie to            
          make gifts on her behalf of the funds in the Seafirst joint                 
          account that were withdrawn by the November 1995 checks and the             
          January 1996 checks.  Indeed, the estate does not even suggest              
          that any such authority existed outside the purported authority             
          that it claims was granted to them as joint account holders of              
          the Seafirst joint account by certain sections of the Act.  In              
          this connection, the estate expressly disavows relying on the               
          power of attorney that decedent signed on August 15, 1984, in               
          order to establish that decedent authorized Mr. Christensen and             
          Ms. Hastie to make gifts on her behalf.  We conclude that the               
          estate acknowledges that that power of attorney did not authorize           
          Mr. Christensen and Ms. Hastie to make gifts on behalf of dece-             






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011