[WSBAPT] Probate GAL for Minor Beneficiary?

Tom Stuen tomstuen at comcast.net
Fri Apr 3 15:22:39 PDT 2015


Jim:  I worry about the “hindsight” problem.  If a parent or “drunken uncle henry” is the trustee and the funds disappear, will you be held responsible?  Maybe if there will be a professional, insured trustee, then it would be “no harm, no foul”.

Tom

 

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 3:03 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Probate GAL for Minor Beneficiary?

 

OK, thank you everyone.

 

Question: is GAL required in the scenario below, or optional?   For costs reasons, I’d like to avoid it, if possible, and ethical.

 

-jbd-

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marsha Hudson
Sent: Friday, April 03, 2015 2:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate GAL for Minor Beneficiary?

 

RCW 4.08.060.  

RCW 11.96A.160.

Marsha C. Hudson
Attorney at Law #23330
773 N 75th St
Seattle, WA  98103
Telephone: (206) 297-3933
 <mailto:marsha at griffyn.us> marsha at griffyn.us

Life's most persistent and urgent question is: What are you doing for others? - Martin Luther King, Jr.

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto: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 <http://www.jbdolan.com> 

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

 

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P.O. Box 2784

720 South Main Street

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

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