[WSBAPT] Extra Pleadings & Proceedures with Minor Beneficiaries

Tue Mar 11 16:52:24 PDT 2014

In similar situations I disclose the existence of minor beneficiaries in
my petition, but also point out the “protective” provisions of the HEMS
Trust, Custodianship, or whatever is in the Will.  Usually, as long as
there are provisions in the Will to protect the minor’s interest this
would go through smoothly without a gal or guardian.  When the minor is
set to get a percentage of the estate, and there are no protective
provisions in the Will, that is where there are problems and the extra
administration.

If there are options given the Personal Representative, or the Will is not
clear what is to be done, I generally lay out our plan for the Court to
handle specific bequests (for example, custodian account for each of the
$1,000 per grandchild bequests, with distribution age set at 21 or 25, and
the Personal Representative or parent as custodian) and see if I can get
it approved up front.

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Valerie Ohlstrom
Sent: Tuesday, March 11, 2014 3:49 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Extra Pleadings & Proceedures with Minor
Beneficiaries

Please answer to the list; thank you!

Very Truly Yours,

Val

Valerie O. Ohlstrom

Ohlstrom Law Office

 <mailto:vohlstrom at comcast.net> valerie at ohlstromlaw.com

 <http://www.ohlstromlaw.com/> www.ohlstromlaw.com

(425) 881-5251

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Steve Waltar
Sent: Tuesday, March 11, 2014 11:03 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Extra Pleadings & Proceedures with Minor Beneficiaries

We are probating an estate in which there are specific $10,000
allocations/distributions to a few grandchildren.  There are very short
(HEMS to 25) trust provisions for any beneficiary under 25.  The PR is the
parent of the only two beneficiaries under 25: they are 14 & 16 years of
age.  

1.      What extra pleadings do I need to present the judge/commissioner?

2.      Can I avoid appointing a guardian or at least a GAL and report?

3.      What, if any, special pleadings or requests can I make to the
judge/commissioner to appoint PR as Trustee of the two trusts for her
children?

a.      Do I have to set up blocked accounts?

b.      Can I set up UTMAs that function to age 25?

4.      Any advice?

Stephen M. Waltar, PS

 <http://www.waltar.com/>  

Estate Planning Law

1750 - 112th Avenue NE, Suite C245

Bellevue, WA  98004

(425) 455-6788

 <http://www.waltar.com/> www.waltar.com 

If we should be helping someone you care about, please don't keep us a
secret!

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Bar Association nor its officers or agents. 

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