[WSBAPT] Minor Beneficiary of $10,000 Bequest

[Donna Calf Robe]

I had a commissioner tell me once that sure, he can waive the requirement that a PGAL be appointed, but that won’t protect me or my malpractice carrier when I’m sued later by the minor because I didn’t follow the statute requiring the appointment of a PGAL.

Donna

Donna M. Calf Robe
Attorney at Law
DUSSAULT LAW GROUP
2722 Eastlake Ave. E., Ste. 200
Seattle, Washington 98102-3143
Phone (206) 324-4300, extension 113
FAX (206) 324-3106

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Maureen Wickert
Sent: Wednesday, February 25, 2015 9:22 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Minor Beneficiary of $10,000 Bequest

Marsha is correct. King County Commissioners will and do require a GAL for minor heirs in a probate matter.  I have a probate matter where small amounts needed to be distributed to three minors from a decedent who died without a Will. The Commissioner waived appointing a GAL for the minors conditioned upon the minor's funds being placed into a blocked custodial account for the minor. However, I may not have had the same result if I wanted an unblocked custodial account for the minor. In my case, the blocked account made sense for the children's circumstances. KC is sensitive to minors having limited GALs in probate matters if there are any questions.
Very truly yours,
Maureen A. Wickert, Attorney at Law

       WICKERT LAW OFFICE

14900 Interurban Avenue South, Ste 255
        Tukwila, WA 98168
       Phone: 206-859-5502
         Fax: 206-260-9005
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       wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>

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________________________________
From: "Marsha Hudson" <marsha at griffyn.us<mailto:marsha at griffyn.us>>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Sent: Wednesday, February 25, 2015 9:04:44 AM
Subject: Re: [WSBAPT] Minor Beneficiary of $10,000 Bequest

Perhaps I should clarify, in King County you will be required to have a PGAL.

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

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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 Rebecca King
Sent: Wednesday, February 25, 2015 8:35 AM
To: wsbapt at lists.wsbarppt.com<mailto: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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