[WSBAPT] Minor Beneficiary of $10,000 Bequest

[Marcus Fry]

I haven't seen any place where it is mandated, but it is a good practice to protect your PR as a minor cannot sign off on releases.  However, in this instance with a small specific bequest, I would just have the PR, per the UTMA, appoint a custodian to receive the funds and have the custodian sign a receipt acknowledging the receipt of the funds as once an heir has received their full share they don't need to be given notice that the estate is being closed.  Usually the custodian is the parent of the child.  You could have the custodian sign a statement under oath that they have never filed for bankruptcy, never been convicted of a felony and never been convicted of a crime of any sort involving moral turpitude, such as theft or embezzlement.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rebecca King
Sent: Wednesday, February 25, 2015 8:35 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Minor Beneficiary of $10,000 Bequest

Good morning,

I am in the process of preparing pleadings to open a probate in King County.  The Will contains a specific bequest of $10,000 to a 12 year old.  All of my research indicates that I will need a probate GAL for the 12 year old.  Is that correct?  There is no UTMA language in the Will.

Thanks in advance for your responses.

Rebecca King
Attorney

Northwest Elder Law Group
11300 Roosevelt Way NE, Suite 101
Seattle, WA 98125
(206) 937-6102
Fax (206) 830-9326

Providing Services in Elder Law

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