[WSBAPT] Probate GAL for Minor Beneficiary?

[James B. Dolan]

Perfect, thank you for your thorough, and helpful, answer.

 

Jim Dolan

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Friday, April 03, 2015 3:03 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate GAL for Minor Beneficiary?

 

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
Attorney-at-Law

cid:image001.jpg at 01D013C2.30F35160

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

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

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

 

Click here to connect with de Vrieze | Carney on Facebook:
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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

www.jbdolan.com

www.jonesbutlerdolan.com

 

Mount Vernon

 

P.O. Box 2784

720 South Main Street

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

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