[WSBAPT] Probate GAL for Minor Beneficiary?

[Heather deVrieze]

James,

I have copied below a snippet of materials for a presentation I did on this topic several months ago. It should get you started.

I don't think a probate GAL is mandatory in your situation, but full disclosure to the Court and let the Commissioner exercise discretion to determine if it makes sense. Might depend on the size of the POD account relative to the overall probate assets that will be delivered to the Trust pursuant to the Will.



Statutory authority for dealing with minors in inheritance/estate situations:

11.76.080 - Spells out situations where the Court shall appoint a GAL, exceptions to that rule and clear authority for the Court to exercise authority to appoint a GAL at any point in estate proceedings.

11.76.095 - Requires distribution of estates to minors to be handled in one of three ways.
             ( Blocked Account, Court appointed Guardian or Custodian under UTMA)

11.114.030, .050 & .060 - Provide circumstances where the distribution may be made to a custodian whether or not specified in the Will. (.060(c) indicates that Court order is required if over $30,000)

11.114.200 - Allows for Custodianship to be extended to age 25.

11.96A.160 - Provides that the Court on its own motion, or upon request of any party at any point in the proceedings may appoint a GAL to represent interest of minor(s).


Though there are only a few situations where a GAL is required, because under both 11.96A.160 and 11.76.080(1) the Court may appoint a GAL at any time for practically any reason, disclosure to the Court of the existence of the minor and the plan for protecting their interest is critical. Similarly, planning for minors in the estate plan (trust, custodianship, etc.) is also critical. A distribution to a Trustee on behalf of a minor is not a "distribution to a minor" under 11.76.095, but should nevertheless be disclosed in the pleadings and if appearing, to the commissioner directly.


Heather


Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James B. Dolan
Sent: Friday, April 03, 2015 2:37 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Probate GAL for Minor Beneficiary?

Can anyone point me to the rule or statute regarding the need for appointment of a probate GAL for a minor Beneficiary?

Personal Rep is petitioning the court to redirect payable on death (to the minor child) assets to the minor trust (for the benefit of the same minor child) he created in his LWT.

Our legal basis is (1) abatement and (2) mistake.

I believe that a GAL is appropriate, but I am having trouble finding the applicable SPR rule or RCW.

Anyone still online this afternoon?

Thanks,

Jim Dolan

===================

Jones Butler Dolan, PS
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